“In the aftermath of Apple’s resounding U.S. court victory over Samsung, analysts again ask the question whether its acquisition of Motorola Mobility has enabled Google to protect Android against patent assertions — and the consensus answer to this question is ‘no,'” Florian Mueller reports for FOSS Patents. “I expressed serious doubts (to say the least) about that deal from the day of its announcement. Many people were impressed by the sheer size of Motorola Mobility’s portfolio, but leverage, as opposed to size, is the right measure.”
“In a filing made late on Monday (August 27, 2012) with the United States District Court for the Southern District of California, the Google subsidiary has now confirmed the recent conclusion of a standard-essential patent license agreement with Apple,” Mueller reports. “Under the agreement, Apple is now licensed to use some if not all of Motorola’s standard-essential patents in Germany, though the parties have not yet agreed on a FRAND royalty rate, which will ultimately have to be set by German courts unless they agree on a rate prior to its judicial determination.”
Mueller reports, “This is a very significant development because it means that Motorola Mobility will have to rely on non-standard-essential patents in its efforts to gain leverage over Apple… Apple will be happy to pay FRAND royalties as long as it can pursue differentiation. Why did Google just pay $12.5 billion [for Motorola Mobility]?”
Read more in the full article here.
[Thanks to MacDailyNews Readers “Brawndo Drinker,” Dan K.,” and “Sarah” for the heads up.]