Microsoft and Motorola Argue About Jury or Bench Trial on Contract Claims in Seattle ~pj

Motorola has now filed its opposition [PDF] to Microsoft's "motion to confirm bench trial of breach of contract issues", and is asking the judge in the Microsoft v. Motorola trial in Microsoft's backyard courtroom in Seattle for a jury trial instead. Can you blame them, considering the history of the case so far, if they think they will have a better chance with a jury, any jury, than with this judge? I mean, Motorola doesn't believe the judge has the authority to decide the litigation in the first place. And that's likely why Microsoft is now insisting that there is supposed to be a bench trial. It claims Motorola waived a jury trial. I'll show you some exhibits that indicate otherwise.

Motorola's best option is an appeal down the road, from all I've seen. I'd call this a Teacher's Pet trial. And you know how it goes when you try to tell the teacher that its pet kicked you in the lunch room.

And you'll see in the docket that the judge, the Hon. James Robart, has decided the issue about how much Motorola's RAND rate should be, but we don't get to read it until the parties tell him if they want redactions. But personally, what are the odds he'll do anything but bonk Motorola on the head again? Still, if you noticed in the Apple v. Samsung litigation, post-trial action can be very effective, even when the trial itself is unfair and the result reflects mistakes or even favoritism, especially when Quinn Emanuel is representing you, because they never give up. It's not over 'til it's over. All of it.