[governance] Microsoft, Motorola Want To Keep Patent Details Of Their Legal Fight A Secreeeet

Riaz K Tayob riaz.tayob at gmail.com
Mon Dec 17 05:04:17 EST 2012


  Microsoft, Motorola Want To Keep Patent Details Of Their Legal Fight A
  Secreeeet

*Reuters*  | Posted: 12/14/2012 8:40 pm EST  |  Updated: 12/16/2012 6:33 
pm EST

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SEATTLE (Reuters) - Microsoft Corp and Google Inc's Motorola Mobility 
unit have requested a federal judge in Seattle to keep secret from the 
public various details from their recent trial concerning the value of 
technology patents and the two companies' attempts at a settlement.

Microsoft and Motorola, acquired by Google earlier this year, are 
preparing post-trial briefs to present to a judge as he decides the 
outcome of a week-long trial last month to establish what rates 
Microsoft should pay Motorola for use of standard, essential wireless 
technology used in its Xbox game console and other products.

The case is just one strand of litigation in an industry-wide dispute 
over ownership of the underlying technology and the design of 
smartphones, which has drawn in Apple Inc, Samsung Electronics Co Ltd, 
Nokia and others.

In a filing with the Western District of Washington federal court in 
Seattle on Friday, Microsoft and Motorola asked the judge to allow them 
to file certain parts of their post-trial submissions under seal and 
redact those details in the public record.

The details concern terms of Motorola's licenses with third parties and 
Microsoft's business and marketing plans for future products. During the 
trial, which ran from November 13-20, U.S. District Judge James Robart 
cleared the court when such sensitive or trade secret details were 
discussed.

"For the same compelling reasons that the court sealed this evidence for 
purposes of trial, it would be consistent and appropriate to take the 
same approach in connection with the parties' post-trial submissions," 
the two companies argued in the court filing.

The judge has so far been understanding of the companies' desire to keep 
private details of their patent royalties and future plans, although 
that has perplexed some spectators who believe trials in public courts 
should be fully open to the public.

In addition, Motorola asked the judge to seal some documents relating to 
settlement negotiations between the two companies, arguing that keeping 
those details secret would encourage openness in future talks and make a 
settlement more likely.

Judge Robart is not expected to rule on the case until the new year.

The case in U.S. District Court, Western District of Washington is 
Microsoft Corp. vs. Motorola Inc., 10-cv-1823.

(Reporting by Bill Rigby; Editing by Richard Chang)
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