Microsoft

An Unreasonable Royalty Rate is No Gaming Matter

by Mercedes Cook | Sheppard Mullin Richter & Hampton LLP on 5/23/2013

The Honorable Judge James L. Robart recently took on the challenging task of determining a reasonable and non-discriminatory (“RAND”) royalty rate for Motorola’s standards-essential patents (“SEP”). Microsoft Corp. v....more

Client-Licensed Microsoft Software in Hosted Environments

by Scott & Scott, LLP on 5/14/2013

Christopher Barnett, Scott & Scott, LLP attorney, suggests service providers weigh their Microsoft options before committing either to a dedicated deployment or an Authorized Mobility Partner licensing model....more

A First for FRAND: Federal Court in Microsoft v. Motorola Sets FRAND Royalty Rates for Standard Essential Patents

by Nick Grimmer, Stefan M. Meisner | McDermott Will & Emery on 5/9/2013

Microsoft v. Motorola developed a framework for courts to assess fair, reasonable and non-discriminatory (FRAND) terms for standard-essential patents. Its roadmap and analysis will probably influence future FRAND cases in...more

Landmark Court Opinion Provides Guidance in Determining RAND Royalties for Standard-Essential Patents

by Jay Jurata, Matthew Poppe, David Smith | Orrick, Herrington & Sutcliffe LLP on 4/30/2013

On April 25, 2013, U.S. District Judge James Robart (W.D. Wash.) issued a much-anticipated opinion in a dispute between Microsoft Corporation (“Microsoft”) and Motorola, Inc., Motorola Mobility, Inc., and General Instrument...more

Skadden, Arps, Slate, Meagher & Flom LLP

"US District Court Issues First Decision Calculating a FRAND Royalty for Standard-Essential Patents"

by James Brelsford, Stacey Cohen, Daniel DeVito, James Elacqua, Edward Filardi, David Hansen, Douglas Nemec, P. Anthony Sammi, Andrew Thomases | Skadden, Arps, Slate, Meagher & Flom LLP on 4/29/2013

Why this case is important: - First decision to set a framework for determining a FRAND royalty; and - Provides guidance for calculating the value of a SEP, affecting (1) SEP holders and potential licensees...more

Apple Store Design Now a Registered Trademark

by Catlan McCurdy | Winthrop & Weinstine, P.A. on 4/19/2013

Duets readers everywhere may recall my shock back in June 2011 when I encountered the first Microsoft brick-and-mortar store at the Mall of America. Now, about two years later, the store is still there, located right across...more

Defending SPLA Audits: Critical First Steps

by Scott & Scott, LLP on 4/11/2013

Robert J. Scott, Managing Partner of Scott & Scott, LLP, suggests that there are a couple of critical steps you should take upon receipt of a SPLA audit notice before providing Microsoft's auditors with information....more

SPLA Road Map Outcomes

by Scott & Scott, LLP on 4/9/2013

Christopher Barnett, Scott & Scott, LLP attorney, discusses using the SPLA Qualification Roadmap when trying to determine the appropriate license model for Microsoft products deployed in connection with hosted services. ...more

McNulty’s Maxim No. 3 and Response to Allegations of Bribery

by Thomas Fox on 3/26/2013

In a Wall Street Journal (WSJ) article by Chris Matthews, Joe Palazzolo and Shira Ovide, entitled “U.S. Probes Microsoft Bribery Allegations”, they reported that the Department of Justice (DOJ) and Securities and Exchange...more

To SPLA or Not to SPLA - Microsoft Licensing Webinar

by Scott & Scott, LLP on 3/14/2013

Is Microsoft's SPLA right for your company? Attend Scott & Scott, LLP's free CLE webinar entitled: "To SPLA or Not to SPLA - Microsoft Licensing for the Hosting Services Provider" on March 27th for an overview of...more

The Microsoft Internet Explorer Saga: Microsoft Fined €561 Million for Failure to Keep Promises

by Philip Bentley, David Henry, Martina Maier | McDermott Will & Emery on 3/12/2013

The European Commission has fined Microsoft €561 million (approximately US$730 million) for failure to abide by a commitment made in 2009 to make a browser-choice screen available to PC-users. The fine is in relation to the...more

Significant Changes for External Client Licensing on Microsoft Products

by Scott & Scott, LLP on 3/11/2013

Christopher Barnett, Scott & Scott, LLP attorney, discusses changes in Microsoft's licensing rules for the 2013 versions of Exchange Server, Lync Server, and Share Point Services....more

Advertising Law -- Feb 28, 2013

by Manatt, Phelps & Phillips, LLP on 3/1/2013

In This Issue: Manatt Partner Ken Kaufman Marks Ten Years as Co-Chair of PLI's Annual Entertainment Law Conference; Manatt Partner Ivan Wasserman Invited to Speak at Engredea Conference; Starbucks, Kraft Battle Over...more

"New Year Will See More Policing of Patent Conduct by US and EU Competition Agencies"

by Simon Baxter, Alec Chang, Ian John, James Keyte, Sharis Pozen, Ingrid Vandenborre | Skadden, Arps, Slate, Meagher & Flom LLP on 1/30/2013

If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under...more

BVI Case Notes: Derivatives, double derivatives and unfair prejudice

by Phillip Kite, Claire Robey, Andrew Thorp | Harney Westwood & Riegels on 1/20/2013

Harneys continues to provide a regular roundup of recent case notes from the British Virgin Islands Commercial Court. In this edition we report on recent court guidance on leave to bring derivative proceedings and double...more

Privacy-on-the-Go: California Attorney General and Major Mobile Application Platforms Agree to Privacy Principles for Mobile...

by Cynthia Larose, Jake Romero | Mintz Levin - Privacy & Security on 1/15/2013

Application developers have been put on notice by the State of California. It is time to pay attention to user privacy and collection of information from user devices. In an effort led by the office of California...more

Microsoft Court Holds Right to Replicate Software Is an Intangible Property Right for Purposes of California’s Sales Factor...

by Marty Dakessian, Mike Shaikh, Kyle O. Sollie, Brian W. Toman | Reed Smith on 12/28/2012

Earlier this week, the California Court of Appeal, First District, held that the right to replicate and install software is an intangible property right for sales-factor sourcing purposes. Thus, for the years at issue, the...more

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