Abstract

Microsoft Corp. v. Motorola Inc., 696 F.3d 872 (9th Cir. 2012) was originally filed by
Microsoft against Motorola in the Western District Court of Washington at November 9, 2010,
claiming that Motorola had violated its reasonable and non-discriminatory licensing agreement
to which Microsoft was a third-party beneficiary. The district court ruled that a company's
agreement with a standards organization to provide Reasonable and non-discriminatory (RAND)
terms of licensing to all other parties constitutes a contract that is enforceable by third parties. In
meanwhile Motorola got an injunction prohibiting Microsoft from selling allegedly infringing
products in Germany based on German patent law. Then, Microsoft sought an anti-suit injunction
against an injunction of patent infringement in Germany. The district court granted to Microsoft
an anti-suit injunction that prevented Motorola from enforcing a foreign patent infringement
injunction that Motorola had obtained against Microsoft in Germany. In appeal The Ninth Circuit
Court of Appeals reviewed the district court's foreign anti-suit injunction for abuse of discretion,
and affirmed the District Court's decision.
The researcher has adopted the doctrinal method and tried to analyse the case in a
systematic and logical manner by taking into account the history before the case .The
researcher has made an analytical study on the focus patent laws, Reasonable and NonDiscriminatory (RAND) Licensing and foreign anti-suit injunction. As the research project is
case analysis research has relied on secondary sources and no field work has done by the
researcher.