Motorola can't use standard-based patents to enjoin Microsoft's Xbox.

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In a blow to Android, judge says Moto patents can't get injunctions

The patent dispute was initiated by Microsoft, which is arguing that Motorola's Android cell phones infringe its patents. Motorola counter-attacked with its own patents, saying that Microsoft's Xbox infringes its own patents. However, because Motorola used patents that are tied to widely used technological standards, it turns out there are major flaws with its patent "ammunition."

In addition to the fact that Motorola can't get an injunction, it may not be able to collect as much money as it would like for those patents, either. US District Judge James Robart, who is overseeing the case, just heard a two-week bench trial regarding how much money Motorola can get for its standards-based patents, which are supposed to be priced on a "RAND" basis. (RAND stands for Reasonable and Non-Discriminatory, which is how standards-based patents are supposed to be priced; it's sometimes referred to as FRAND, for Fair, Reasonable and Non-Discriminatory.)

Google's Motorola loses a summary judgment decision after Microsoft FRAND trial

The United States District Court for the Western District of Washington held a Microsoft v. Motorola Mobility FRAND rate-setting trial on November 13-21. On Thursday, Judge James L. Robart granted a summary judgment motion by Microsoft that had been pending for almost a year. The decision entered the public electronic record on Friday afternoon local time. The successful motion asked the court to hold that the wholly-owned Google subsidiary is not entitled to injunctive relief against Microsoft over any patents essential to the H.264 (video codec) or IEEE 802.11 (WiFi, or WLAN) standards.