Apple's German Appeals Victory a Blow to Motorola, Google: Analyst
Apple's victory in a German appeals court not only allows it to keep selling the iPhone and iPad, but also lands a blow against Motorola Mobility and Google.Apples victory over Motorola Mobility in a German appeals court allows it to keep selling the iPhone and iPad online. Apple apparently made an offer for patent-licensing terms that the court found agreeable; and according to one analyst, if Motorola turns down that revised agreement, it could pose substantial risks for both it and soon-to-be-parent-company Google. Motorola was hoping to gain near-term leverage against Apple and Microsoft through the aggressive pursuit of injunctive relief based on standard-essential patents, patent expert Florian Mueller wrote in a Feb. 27 posting on his FOSS Patents blog. Google, which was totally in agreement with MMIs litigation strategy, was hoping to buy that leverage for $12.5 billion.
But if Motorola fails to accept Apples new proposal, Mueller wrote, then it risks a potential antitrust violation, with penalties, including fines from the European Commission, the European Unions antitrust watchdog. Meanwhile, until the actual appeal works its way through the system, Motorola is apparently barred from further enforcement of its standard-essential patent injunction against Apple in Germany. (Motorolas other injunction against Apple in Germanyapparently not based on a standard-essential patentisnt affected by this particular battle.)