By Bill Rigby
SEATTLE, Dec 14 (Reuters) - Microsoft Corp and Google Inc's
Motorola Mobility unit have requested a federal judge in Seattle
to keep secret from the public various details from their recent
trial concerning the value of technology patents and the two
companies' attempts at a settlement.
Microsoft and Motorola, acquired by Google earlier this
year, are preparing post-trial briefs to present to a judge as
he decides the outcome of a week-long trial last month to
establish what rates Microsoft should pay Motorola for use of
standard, essential wireless technology used in its Xbox game
console and other products.
The case is just one strand of litigation in an
industry-wide dispute over ownership of the underlying
technology and the design of smartphones, which has drawn in
Apple Inc, Samsung Electronics Co Ltd, Nokia and others.
In a filing with the Western District of Washington federal
court in Seattle on Friday, Microsoft and Motorola asked the
judge to allow them to file certain parts of their post-trial
submissions under seal and redact those details in the public
record.
The details concern terms of Motorola's licenses with third
parties and Microsoft's business and marketing plans for future
products. During the trial, which ran from Nov. 13-20, U.S.
District Judge James Robart cleared the court when such
sensitive or trade secret details were discussed.
"For the same compelling reasons that the court sealed this
evidence for purposes of trial, it would be consistent and
appropriate to take the same approach in connection with the
parties' post-trial submissions," the two companies argued in
the court filing.
The judge has so far been understanding of the companies'
desire to keep private details of their patent royalties and
future plans, although that has perplexed some spectators who
believe trials in public courts should be fully open to the
public.
In addition, Motorola asked the judge to seal some documents
relating to settlement negotiations between the two companies,
arguing that keeping those details secret would encourage
openness in future talks and make a settlement more likely.
Judge Robart is not expected to rule on the case until the
new year.
The case in U.S. District Court, Western District of
Washington is Microsoft Corp. vs. Motorola Inc., 10-cv-1823.
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