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 past revenues.
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 with rivals.
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 financial information.
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.
Copyright Thomson Reuters 2012