AfterDawn: Tech news

Apple asks for temporary stay in Motorola patent suit

Written by Rich Fiscus @ 13 Sep 2011 9:09 User comments (2)

Apple asks for temporary stay in Motorola patent suit Apple has asked a federal court to temporarily delay a patent infringement lawsuit against Motorola Mobility pending the completion of Google's takeover.
Apple's lawyers claim the acquisition agreement with Google results in Motorola Mobility losing their standing to sue because they have already given up control of the patents in question, as well as their right to negotiate binding legal settlements. They say this means any decisions or settlement in the case could be challenged by Google.

According to a report from FOSS Patents, the filing states "[W]ere Apple to prevail in this case, it risks an attack on its victory on appeal by a third party, whether Google or another Android smartphone manufacturer, contending that the judgment should be overturned due to a lack of prudential standing."

Among other arguments, Apple lawyers cite a case in which Google lawyers argued against the standing of a shell company suing for patent infringement damages. In that case Google argued the company which controls the patents must bring the suit.



While the relationship between Google and Motorola Mobility is different in this case, their argument appears, at least on the surface, to be valid.

If Google has the authority to make any decisions regarding Motorola Mobility patents or settlements, it would seem they must be a party to the case.

However, they have no standing to join the suit against Motorola Mobility because they don't own any of Motorola's patents yet.

Previous Next  

2 user comments

113.9.2011 14:43

The one thing Apple fears? GOOGLE! Turn your tail and run you little dog

213.9.2011 17:08

That's cause they really can't hide behind Jobs no more.

Comments have been disabled for this article.

Latest news

Roomba Combo j7+ review - Clever trick allows robot vacuum finally to tackle home with rugs and carpets Roomba Combo j7+ review - Clever trick allows robot vacuum finally to tackle home with rugs and carpets (06 Jun 2023 9:19)
Roomba Combo j7+ is the very first Roomba model to combine robot vacuum with mopping features. And Roomba Combo j7+ does all that with a very clever trick, which tackles the problem with mopping and carpets. But is it any good? We found out.
Neato, the robot vacuum company, ends its operations Neato, the robot vacuum company, ends its operations (02 May 2023 3:38)
Neato Robotics has ceased its operations. American robot vacuum pioneer founded in 2005 has finally called it quits and company will cease its operations and sales. Only a skeleton crew will remain who will keep the servers running until 2028.
5 user comments
How to Send Messages to Yourself on WhatsApp How to Send Messages to Yourself on WhatsApp (20 Mar 2023 1:25)
The world's most popular messaging platform, Meta-owned WhatsApp has enabled sending messages to yourself. While at first, this might seem like an odd feature, it can be very useful in a lot of situations. ....
18 user comments
How to Enable Bluetooth on Stadia Controller How to Enable Bluetooth on Stadia Controller (11 Feb 2023 1:04)
Google shut down its streaming game service Stadia late last month and this means that some people have Stadia controllers lying around that seem to be of no use. That is fortunately not the ....
2 user comments
Guide: How to Kick Unwanted Guests from Your Netflix Account Guide: How to Kick Unwanted Guests from Your Netflix Account (26 Jan 2023 2:14)
Sharing a Netflix account with a person in a different location is possible and indeed very common, although the company doesn't necessarily enjoy this behavior from their customers. However, ....

News archive