SEATTLE Nov 20 A Google expert witness
testified on Tuesday that Microsoft will make roughly $94
billion in revenue through 2017 from its Xbox game console and
Surface tablet that use Google's patented wireless technology.
Michael Dansky, an expert for Google's Motorola Mobility
unit, testified on the last day of a high stakes trial over
patents between Microsoft and Google in Seattle. The $94 billion
figure he cited also includes a wireless adapter that Microsoft
no longer sells. It was not clear how far back he was counting
Microsoft declined comment on the figure.
The week-long trial in a Seattle federal court examined how
much of a royalty Microsoft Corp should pay Google Inc
for a license to some of Motorola's patents. Google
bought Motorola earlier this year for $12.5 billion, partly for
its library of communications patents.
Motorola had sought up to $4 billion a year for its wireless
and video patents, while Microsoft argues its rival deserves
just over $1 million a year.
If U.S. District Judge James Robart decides Google deserves
only a small royalty, then its Motorola patents would be a
weaker bargaining chip for Google to negotiate licensing deals
The rapid rise of smartphones has sparked an explosion of
litigation between major players disputing ownership of the
underlying technology and the design of handsets.
Apple Inc and Microsoft have been litigating in
courts around the world against Google and partners like Samsung
Electronics Co Ltd, which use the Android operating
system on their mobile devices.
Apple contends that Android is basically a copy of its iOS
smartphone software, and Microsoft holds patents that it
contends cover a number of Android features.
In return, Motorola and some other Android hardware makers
launched countering legal action.
Before trial, Robart said testimony about patent license
agreements between Microsoft, Motorola and other tech companies
could be disclosed to the public, along with other sensitive
However, the judge reversed himself this week and said he
was bound by appellate precedent to keep that information
secret. On Tuesday he cleared the courtroom and heard two hours
of testimony in secret.
During the open session, Dansky said Motorola's video
patents are crucial to Microsoft and other tech companies, and
deserve a high royalty.
"You will have a difficult time selling smart phones or
tablets," Dansky said, without Motorola's technology.
Robart is not expected to release a ruling for several weeks
as both companies must file further legal briefs.
The case in U.S. District Court, Western District of
Washington is Microsoft Corp. vs. Motorola Inc., 10-cv-1823.