According to the respected judge, Motorola is already licensing the patents to Microsoft and the damage caused by the console maker to the mobile phone manufacturer by its initial lawsuit isn't enough to ask for a total injunction on its products. "Because Microsoft will pay royalties under any license agreement from the time of infringement within the statute of limitations, this license agreement will constitute Motorola's remedy for Microsoft's use of Motorola's H.264 standard essential patent portfolio to include the Motorola Asserted Patents. Accordingly, Motorola cannot demonstrate that it has been irreparably harmed," the judge said in his ruling.