Google has promised that it owning Motorola won’t affect how the company licenses out standards patents for things like 3G and H.264 to others. In a letter sent to the IEEE standards organization (amongst others) Tuesday, Google indicated it would continue to licenses Motorola’s patents after the acquisition, charging a maximum of 2.25% per unit royalty for the use of those patents.
Google will make a final offer of its RAND license terms for products covered by the acquired MMI Essential Patent Claims, without prejudice to any right to recover damages for past unlicensed use. Google will make this offer before seeking injunctive relief for infringement of the acquired MMI Essential Patent Claims (i) that is the subject of litigation commenced after the date of this letter or (ii) introduced into existing litigation after the date of this letter. As described above, the offer may include a reciprocal grant back license for Google’s products to the licensee’s Essential Patent Claims for the same standards, also on RAND terms. The offer shall be open for at least 30 days, provided that the counterparty agrees not to seek injunctive relief against Google’s products based on the counterparty’s own standard essential patents reading on the same standards during that period. If the counterparty accepts Google’s RAND offer, Google will not apply for injunctive relief based on the acquired MMI Essential Patent Claims.
Google first action in any patent claim will be not be to seek an injunction against the product in question, however, it reserves the right to do so if its licensing offer is not met by a company.
All Things Digital is reporting that the U.S. Justice Department is poised to clear Google’s $12.5 billion acquisition of Motorola as early as next week. The acquisition gives the company access to an array of patents that will better its ability to defend Android in future patent suits.