“Three weeks ago I reported on two Apple motions to stay lawsuits with Motorola Mobility until the closing of MMI’s proposed acquisition by Google, arguing that MMI lacked standing to sue due to restrictions the merger agreement imposes on its use of its patents,” Florian Mueller reports for FOSS Patents. “MMI opposed those motions and even offered to try to amend the merger agreement in order to address any concerns.”
Mueller reports, “Last week, the United States District Court for the Southern District of Florida denied Apple’s motion filed there. The judge didn’t provide any particular reasoning, at least not at the time. On Monday (October 3, 2011), the other court with which Apple filed such a motion — the United States District Court for the Western District of Wisconsin — also denied it, but did state a reasoning.”
“The Wisconsin-based judge recognizes that ‘[s]tanding to sue is a threshold question,’ but also recalls that a patent holder ‘shall have remedy by civil action for infringement of his patent’ and ultimately believes that this access to justice is key and shouldn’t be denied too easily,” Mueller reports.
Read more in the full article here.
[Attribution: MacNN. Thanks to MacDailyNews Reader “Lynn Weiler” for the heads up.]
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Google and Motorola Mobility may amend merger agreement to keep Apple lawsuits going – September 22, 2011
Apple asks courts to stay two Motorola Mobility lawsuits until Google acquisition completed – September 12, 2011
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