Am. Compl. (Dkt. # 53).) Microsoft sued Motorola for breach of contractin this court in November, 2010.
Motorola’s RAND commitment arises out of its and Microsoft’s relationship with
two international standard-
setting organizations (“SSOs”), the Institute of ElectricalElectronics Engineers (“IEEE”) and the International Telecommunication Union (“ITU”).
These organizations create standards for use in designing and manufacturing technology products. These and other SSOs play a significant role in the technology market byallowing companies to agree on common technological protocols so that productscomplying with the standards will work together.The standards at issue in this case involve wireless communications, commonly
known as “WiFi,” and video coding technology. More specifically, this case involvestwo standards: an IEEE wireless local area network (“WLAN”) standard called the“802.11 Standard” and an ITU
advanced video coding technology standard called the
Both of these standards incorporate patented technology. Thus, in order for acompany to practice the standard, it is necessary for that company to utilize technologythat is covered by one or more patents. Patents that are essential to the standard (in that
This matter has a complex procedural history involving claims and counterclaimsrelating to Micros
oft’s breach of contract claim. Prior court orders provide
a more complete procedural and factual history of the case with citations. (
2/27/12 Order (Dkt. # 188); 6/6/12Order (Dkt. # 335); 10/10/12 Order (Dkt. # 465); 4/25/13 Order (Dkt. # 681).)
The ITU developed the H.264 Standard jointly with two other SSOs
the InternationalOrganization for Standardization and the International Electrotechnical Commission.
Case 2:10-cv-01823-JLR Document 926 Filed 09/24/13 Page 3 of 29