Microsoft,Motorola set for second round of trial over patents

The proceeding comes days after Microsoft chief executive Steve Ballmer unexpectedly announced his retirement. It also follows a complex trial last November that decided what the appropriate fee for Microsoft’s use of Motorola-patented technology should be.

After five months of deliberation,US District Judge James Robart came down heavily in Microsoft’s favor,saying it owed only a fraction of the royalties Motorola had claimed,suggesting the appropriate rate was about $1.8 million,above Microsoft’s estimate of $1 million,but well below Motorola’s demand for as much as $4 billion a year.

Motorola cannot appeal Robart’s April ruling until after the jury decides the second phase of the case.

In a court filing,Microsoft said it had offered to pay Motorola $6.8 million in past royalties,based on its application of Robart’s order. However,Motorola rejected the money,the filing said.