It follows a complex trial last November that decided what the appropriate fee for Microsoft's use of Motorola-patented technology should be. US District Judge James Robart came down heavily in Microsoft's favor, saying it owed only a fraction of the royalties Motorola had claimed. More than Microsoft thought, but much less Motorola's bill for as much as $4 billion a year.
Motorola cannot appeal that ruling until after the jury decides the second phase of the case. In this case Microsoft said that it had offered to pay Motorola $6.8 million in past royalties, based on its application of Robart's order. However, Motorola said no.
Microsoft will argue that Motorola's initial demand was exorbitant and a clear breach of its agreement to charge reasonable and non-discriminatory terms - commonly referred to as 'RAND' - for technology that is an industry standard.