US Robotics files counterclaims against Motorola

US Robotics says it has filed a counterclaim to the lawsuit Motorola filed against it in February alleging patent infringement of modem technology.

US Robotics says it has filed a counterclaim to the lawsuit Motorola filed against it in February alleging patent infringement of modem technology.

In its counterclaim, US Robotics has asked US District Court in Boston to rule that Motorola committed patent misuse, rendering its patents unenforceable, and violated antitrust laws by abusing the international standards setting process, officials at US Robotics say.

Among other things, US Robotics is requesting that the court find that the patents were not infringed upon and are invalid and unenforceable. US Robotics also is seeking payments for any damages incurred as a result of the litigation.

In addition, US Robotics has accused Motorola of infringing certain patents owned by US Robotics.

Motorola filed its original complaint against US Robotics in February claiming infringement of Motorola's patents for high-speed modem technology.

These patents pertain to technology found in the International Telecommunications Union's (ITU) V.34 standard, and could also apply to the V.34-style return paths that are used in the new 56kbit/s modem technology, according to the court documents.

In US Robotics' latest filings, the company claims that Motorola originally agreed to grant licences for patents included in the V.32 standard to any applicant on "fair, reasonable and non-discriminatory terms".

However, US Robotics claims, after the ITU approved the standard, Motorola submitted draft patent licence agreements to US Robotics that improperly enhanced the value of Motorola's patents for modems working in the range of 28kbit/s. US Robotics also said Motorola then suddenly asked for millions of dollars in royalties.

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