Motorola has been trying to strong-arm Apple into licensing all its patents in exchange for Motorola's 3G standard-essential patents (SEPs). It had even won a preliminary injunction against Apple, banning the sale of 3G devices in Germany. Google, which was totally in agreement with Motorola's litigation strategy, was planning to buy that leverage for $12.5 billion.
However, Apple recently managed to get the injunction temporarily suspended by making a revised offer to Motorola for its SEPs, with the court ruling that this offer should be acceptable to Motorola. Since these SEPs are governed by FRAND laws, further insistence on MMI's part to enforce an injunction could be seen as an antitrust violation.
With this, it seems Google's entire strategy around MMI's patents has failed even before the merger has been completed. Should Google abort the merger plans while there's still time or does Google's strategy with Motorola stretch well beyond just patent defense?
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Motorola has been trying to strong-arm Apple into licensing all its patents in exchange for Motorola's 3G standard-essential patents (SEPs). It had even won a preliminary injunction against Apple, banning the sale of 3G devices in Germany. Google, which was totally in agreement with Motorola's litigation strategy, was planning to buy that leverage for $12.5 billion.
However, Apple recently managed to get the injunction temporarily suspended by making a revised offer to Motorola for its SEPs, with the court ruling that this offer should be acceptable to Motorola. Since these SEPs are governed by FRAND laws, further insistence on MMI's part to enforce an injunction could be seen as an antitrust violation.
With this, it seems Google's entire strategy around MMI's patents has failed even before the merger has been completed. Should Google abort the merger plans while there's still time or does Google's strategy with Motorola stretch well beyond just patent defense?