That's tangential to the problem at hand. MPEG LA's entire purpose for existing is to be a one stop shop for the essential H.264 codec patents. So instead of going to MS, Apple, Samsung, Hitachi, etc. individually, you just go to MPEG LA, get a license, then go on with your life.
Motorola is not on that list, and have not granted their patents. However, since they're asserting that it covers the encoding and decoding of H.264, it's questionable whether or not they can assert them against H.264 codecs. In fact, the US courts have invalidated patents that were not declared to the pool before. See dpark's post: http://news.ycombinator.com/item?id=3919324
Motorola is not on that list, and have not granted their patents. However, since they're asserting that it covers the encoding and decoding of H.264, it's questionable whether or not they can assert them against H.264 codecs. In fact, the US courts have invalidated patents that were not declared to the pool before. See dpark's post: http://news.ycombinator.com/item?id=3919324