DOJ Grants Google Approval For Motorola Buy

執筆者
Clint Boulton
Clint Boulton
Published: Feb 14, 2012
Updated: Feb 2, 2021
2 minute read
eWeek のコンテンツおよび製品のおすすめは、編集上の独立性を保っています。パートナーへのリンクをクリックすると、当社が報酬を得る場合があります。 詳細を見る

Hours after the European Commission OK’d Google’s (NASDAQ:GOOG) $12.5 billion bid for Motorola Mobility (NYSE:MMI), the Department of Justice followed suit, granting the search engine permission to buy the Android OEM.

The DOJ also extended its blessing to the controversial acquisition of Nortel patents by Apple (NASDAQ:AAPL), Microsoft (NASDAQ:MSFT) and Research In Motion (NASDAQ:RIMM), a group that called itself Rockstar Bidco.

The DOJ’s move clears the way for Google to consummate the deal it inked last August to acquire Motorola, a deal the search engine said was designed to “super-charge” its Android operating system ecosystem.

The DOJ concluded the Motorola acquisition and patent purchases would not lessen competition in the mobile market.

However, the regulator also echoed the concerns of its European counterpart about whether the acquirers would abuse the licensing structure of standard essential patents (SEPs) owned by Motorola and Nortel. Motorola commands more than 17,000 patents, while Nortel has more than 6,000 patents.

The Commission and DOJ were concerned Google, Microsoft, Apple and RIM could wield some of the SEPs to boost rivals’ costs to license them or otherwise impede competition.

While Google, Apple and Microsoft have all claimed they would license SEPs under fair, reasonable and non-discriminatory (FRAND) terms, the DOJ is concerned by Google’s murkier position on SEP licensing.

Google said last week that it reserves its right to “seek any and all appropriate judicial remedies against counterparties” that refuse to license its FRAND patents.

Google essentially left the option open to levy injunctions to those who did not accept royalty demands, which include demanding 2.25 percent royalties for each device Apple and others sell. The DOJ noted in its statement:

“Google’s commitments have been less clear. In particular, Google has stated to the IEEE and others on Feb. 8, 2012, that its policy is to refrain from seeking injunctive relief for the infringement of SEPs against a counter-party, but apparently only for disputes involving future license revenues, and only if the counterparty: forgoes certain defenses, such as challenging the validity of the patent; pays the full disputed amount into escrow; and agrees to a reciprocal process regarding injunctions.”

Advertisement

To that end, the DOJ pledged to continue to monitor the use of SEPs in smartphones and tablets and said it will “not hesitate to take appropriate enforcement action to stop any anti-competitive use of SEP rights.”


Google is paying $40 per share for Motorola;

that’s a 63 percent premium for the struggling maker of Android phones, tablets, and set-top box and other IP video gear. Many industry watchers believed Google simply targeted Motorola for its massive patent war chest.

Google’s bid came one month after Apple, Microsoft and RIM agreed last July to pay $4.5 billion for Nortel’s patents.

Clint Boulton

Clint Boulton

Content Writer

Clint Boulton is a ServerWatch contributor and a senior writer for CIO.com covering IT leadership, the CIO role, and digital transformation.

eWeek Logo

eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site's focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

TechnologyAdvice が所有・運営しています。 © 2026 TechnologyAdvice. 無断転載を禁じます

広告主に関する開示:このサイトに掲載されている製品の一部は、TechnologyAdvice が報酬を受け取っている企業のものです。この報酬は、製品がこのサイトのどこにどのように表示されるか(表示される順序など)に影響する場合があります。TechnologyAdvice は、市場で入手可能なすべての企業やすべての種類の製品を掲載しているわけではありません。