Motorola wants some sort of cut of Microsoft’s Surface income.

The legal battle between Microsoft in addition to Motorola just had some gasoline added to it after Motorola requested Microsoft provide them with a share of their completely new Surface’s profits.

Today, in this opening salvo of Motorola’s accommodate against Microsoft, the phone maker’s lawyers raised the Microsoft Surface and claimed that the device’s Wi-Fi technology infringes Motorola’s patents. By natural means, Moto want’s a cut from the profit.

This comes just a few days after HTC agreed to pay Apple licensing fees for the patents they infringed on, even though Samsung rejected negotiations outright.

Curiously enough, Motorola’s legal battle over patent licensing originally had nothing regarding the Microsoft Surface and all regarding Windows OS and the Xbox. Now, after the release from the new Surface tablet, Motorola has moved its sights onto it. How much exactly does Motorola think is fair? Well, according with their lawyers, 2. 25% of this profit is reasonable.
The patent that Motorola is using as grounds due to this request is an invention linked to the Wi-Fi 802. 11 expectations, which is essentially the only communication option open to the Surface, since neither an Ethernet port nor a cellular connection can be found on it.

Motorola’s claims sported the following reason:
Microsoft’s new Surface tablet will use only 802. 11, instead associated with cellular or wired connections, to connect to the Internet. Without 802. 11 ability, the Surface tablet would be unable to compete in the market, because consumers can readily select tablet devices in addition to the Surface that have 802. 11 ability. ”… Motorola contends that the judge’s deliberations “would must account for the likely use of Motorola 802. 11 SEPs [standard-essential patents] inside future products (e. g., Microsoft’s just lately released Surface tablet product).

Motorola is eager to point out that the Surface would always be useless without its patents. Microsof company, if it does end in place losing this battle, might have to pay Motorola (ok, Google), somewhere around 4 billion a year — according to the Microsoft estimate.

With that stated, Motorola does seem to have proper grounds for the request, but it will not arrive at profit from it until that convinces a judge to sees things the way in which it does.