Tuesday, September 13, 2011

FOSS Patents: Apple asks courts to stay two Motorola Mobility lawsuits until Google has acquired the company

Patently innovative (via Techmeme)

On Friday, Apple filed motions to stay in two of its various lawsuits with Motorola, arguing that the pending acquisition of Motorola Mobility (MMI) by Google has resulted in "a fundamental loss of Motorola's patent rights". One of the lawsuits was started by MMI in the Southern District of Florida (with both parties asserting six patents each), and the other one by Apple in the Western District of Wisconsin (with Apple asserting 15 patents and MMI asserting 6 patents).

Under the merger agreement with Google, MMI is severely restricted in its ability to enforce its patents and negotiate settlements (as I'll explain further below). Therefore, Apple's lawyers argue that MMI currently lacks standing (meaning the right to sue).

FOSS Patents: Apple asks courts to stay two Motorola Mobility lawsuits until Google has acquired the company

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