Microsoft Corporation v. Motorola Mobility

OPINION

BERZON, Circuit Judge:

We live in an age in which the intercon-nectivity of a wide range of modern technological products is vital. To achieve that interconnection, patent-holders often join together in compacts requiring licensing certain patents on reasonable and non discriminatory (“RAND”) terms. Such contracts are subject to the common-law obligations of good faith and fair' dealing.

At issue in this appeal are two patent portfolios, formerly owned by Appellants Motorola, Inc., Motorola Mobility, Inc., and General Instrument Corp., (“Motorola”), both of which are subject to RAND…