Florian Mueller on the latest IP verdict involving Google's Motorola division:
A federal jury yesterday rendered a verdict that makes Google (Motorola) a convicted patent troll. It has been found to have breached the duty of good faith and fair dealing flowing from Motorola's FRAND licensing pledges to standard-setting organizations. None of the companies typically described as trolls have actually been convicted of similarly unlawful conduct.
The reputational cost of this finding far exceeds the $14.5 million damages verdict.
there's one thing that a SEP holder absolutely must do if the other party is not interested in a comprehensive deal involving both categories of patents or doesn't accept a related proposal: it must make a SEP-specific cash-only offer on FRAND terms.
Motorola, before Google took control of it, was basically prepared to pay up. But then Google took charge, and Google is adamant about its claim that Android device makers don't need third-party patent licenses, despite the fact that Microsoft has won (with most of its infringement claims against Motorola not even having been adjudged yet) a U.S. import ban andthree German injunctions against Motorola Mobility.