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For procedural factors As well as in light of the necessity of a timely resolution of theissues pending in this case, Microsoft has not however sought to go ahead and take measures important to enforceagainst Google its legal rights to a grant again license, which might at a least have designed adistraction within the critical situation for trial in November and could potentially have delayed thattrial. But, wholly apart from Microsoft's contract correct to license Defendants' H.264 EssentialPatents under the Google License, that license is compelling, if not conclusive, proof of theappropriate RAND royalty being applied to Defendants' H.264 essential patents. In accordancewith Segment eight.3, the parties agreed that "the Licensors' for every patent share of royalties which arepayable pursuant to Part three of this shall be presumed to get a fair and reasonableroyalty rate." Ex. 103 at 26 27 ( 8.three) (emphasis extra). This is actually the royalty acknowledged as fairand acceptable by not merely Defendants' mother or father firm, Google, but in addition more than 1100 otherlicensees with the H.264 Patent Pool, Each individual a current market participant in its own voluntary transactionspecifically about H.264 critical patents (and only H.264 essential patents). Additionally,it's the royalty accepted as truthful and fair because of the greater than twenty five Licensors, Just about every of which isan independently confirmed proprietor of H.264 essential patents. Thus, the presumed reasonable andreasonable royalty mandated by Portion 8.three has received extensive acceptance by a lot of and9
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