Florian Mueller: Apple’s win over Motorola Mobility in Germany a ‘huge victory for Apple, bad news for Google’

“Apple scored a breakthrough court victory today against Motorola [Mobility],” Florian Mueller writes for FOSS Patents. “Its importance can hardly be overstated. This is so huge that it even begs the question of whether Google’s strategy for its $12.5 billion purchase of Motorola Mobility has failed before the deal is even formally closed (they’re still waiting for some regulatory approvals).”
“The Karlsruhe Higher Regional Court (‘Oberlandesgericht Karlsruhe’), the appeals court within whose circuit the Mannheim Regional Court is based, decided today that Motorola Mobility is barred from further enforcement of its standard-essential patent injunction against Apple in Germany at least for the duration of the ongoing appeal (which I believe will take a year, if not more),” Mueller writes. “And while today’s decision is only a summary and preliminary decision that MMI could overturn during the course of the full-blown appellate proceedings, this indicates that Apple’s appeal is highly likely to succeed — and even if it didn’t, Apple could realistically resolve the problem with limited additional concessions.”

Mueller writes, “With today’s ruling, Googlorola’s strategy has failed even before the companies have formally merged. This is such a major blow to Google’s patent strategy that, from a mere shareholder value point of view, it should now give serious consideration to the possibility of coughing up the $2.5 billion break-up fee agreed upon with MMI’s board of directors and walk out on this deal. After all, that $2.5 billion payment would be an affordable subsidy for the only totally Google-aligned company among the major handset makers. But in all likelihood, Google will nevertheless try to close the deal, if only to avoid a colossal embarrassment for its CEO and other decision-makers.”

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s