“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.”
Read more in the full article – highly recommended – here.
MacDailyNews Take: Google’s going to rue the day they got greedy by deciding to try to work against Apple instead of with them.” – MacDailyNews Take, March 09, 2010
[Thanks to MacDailyNews Readers “Fred Mertz” and “GetMeOnTop” for the heads up.]
Apple racks up FRAND win against Motorola Mobility in Germany – February 27, 2012