SAN FRANCISCO — Microsoft Corp. may get to keep its $15 million judgment against Motorola Inc. for refusing to license standard-essential patents on reasonable and nondiscriminatory terms.
But the patent bar and district judges may not be getting much guidance from the U.S. Court of Appeals for the Ninth Circuit on the emerging issue of how to litigate RAND commitments. That’s because the appellate court on Wednesday sounded inclined to rule that Motorola had waived its objections to the unique procedure developed two years ago by U.S. District Judge James Robart of Washington.
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