On September 4, 2013, a Jury in the United States District Court for the Western District of Washington returned a unanimous Verdict finding that Motorola breached its FRAND commitments to the IEEE and International Telecommunications Union (“ITU”) by offering to license certain of its declared standard-essential patents to Microsoft at an unreasonable royalty rate.  Months earlier, the District Court in that case ruled that Motorola entered into binding contractual commitments to the IEEE and ITU and to Microsoft (as a third-party beneficiary to the contract) to license its declared essential patents on FRAND terms, but denied summary judgment on the issue of whether Motorola’s allegedly unreasonable offer letters were a per se breach of its FRAND obligations.  In addition to finding that the offer letters to Microsoft constituted a breach of Motorola’s FRAND commitments, the Jury determined that Motorola’s conduct in seeking injunctive relief from a German court violated Motorola’s duty of good faith and fair dealing with respect to the IEEE and ITU.  Microsoft was awarded $11.5 million in damages for costs incurred as a foreseeable result of Motorola’s breach of its contractual commitment to the ITU.  The Jury also awarded Microsoft over $3 million in attorney fees and litigation costs.  The case is Microsoft v. Motorola, No. 2:10-cv-1823 (W.D. Wash.).