The details that are sought to be kept secret include the terms of Motorola’s licenses with third parties, and the marketing and business plans of Microsoft’s future products. During the trial that took place from Nov. 13-20, the judge had cleared the court because of the nature of trade secrets being discussed.
The two companies argued that the details be kept secret, “For the same compelling reasons that the court sealed this evidence for purposes of a trial.” The filing also added, “it would be consistent and appropriate to take the same approach in connection with the parties’ post-trial submissions.”
Currently, both Microsoft and Motorola are in the process of preparing post-trial briefs as the judge sets upon deciding the fate of the week-long trial to establish reasonable rates that Microsoft should pay to Motorola for using its wireless technology under FRAND terms. The standard technology is used by Microsoft in its Xbox game console and other products.
Additionally, Motorola asked the judge to seal certain documents that relate to settlement negotiations between the two companies, on the grounds that keeping the terms secret would lead to a greater possibility of reaching a future settlement between the two companies.
The case in U.S. District Court, Western District of Washington is Microsoft Corp. vs. Motorola Inc., 10-cv-1823.