This week, Microsoft and Motorola Mobility went head to head in a Seattle District Court in a case which could result in a framework for determining fair, reasonable and non-discriminatory (FRAND) licence terms. The suit, filed by Microsoft back in November 2010, is just the latest theatre to open in the ongoing global conflict between the two companies. In this particular case, Microsoft claims that Moto – which, in disputes with Microsoft and Apple, has sought a flat royalty rate of 2.25% of the sale price of each infringing product unit sold to end users by the two companies – is dishonouring its obligations to license its standards-essential patents (SEPs) under FRAND terms.

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