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United States Ninth Circuit

Microsoft Corp. v. Motorola, Inc., 14-35393

In a patent licensing dispute brought by plaintiff Microsoft, a third-party beneficiary to defendant Motorola's reasonable and non-discriminatory (RAND) commitments, alleging Motorola breached its obligation to offer RAND licenses to certain of its patents in good faith. the district court's judgment in favor of plaintiff is affirmed where: 1) this court had jurisdiction and exercise of jurisdiction over the case in the prior interlocutory appeal, and the Federal Circuit's decision to transfer the instant appeal to this court because this court had jurisdiction, were both law of the case; 2) defendant's two merits challenges to the RAND bench trial are rejected; and 3) the record provided a substantial basis on which the jury could have based a verdict favoring plaintiff.

Appellate Information

  • Decided 07/30/2015
  • Published 07/30/2015


  • Berzon


  • United States Ninth Circuit


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