Saturday, May 4, 2013

Google Lost Another FRAND Case to Apple: Motorola Buyout Not Paying Off Yet (If Ever) - What Else Can Google Get Out of Motorola?


Source:  FOSS Patents.

I haven't been following any of the mobile lawsuits for a couple of months and suddenly, I'm reading a string of losses for Google's Motorola (and Samsung to some extent).  Now, it looks like another Wisconsin loss could put Motorola versus Apple case back on grounds that is more favorable to Apple.

So far, Google's use of Motorola's mobile and essential patents in lawsuits against Apple has not worked out well.  Most of the patents used by Google in countersuing Apple (Apple did start most of the patent lawsuits) are deemed FRAND patents (wiki).

Essentially, FRAND patents are patents pooled by companies that are deemed essential for standards and companies have pledged to license them on reasonable terms.  And many courts have deemed their use in lawsuits unfavorable while some government bodies have begun looking to Google and Samsung for using FRAND patents in suits.

And if most of Motorola's patents are either FRAND patents or too weak to be used against its competitors, what exactly is Google getting out of Motorola?

So far, we have not seen the super Android device coming out of Motorola yet.  We may still but even now, Google is looking to other companies to build its Nexus devices.

I have been excited when Google bought Motorola in the belief that we'll see an innovative mobile leap ahead of the market in much of the same way the iPhone leaped ahead of the market in 2007.  Still there is hope.  Google has been trying to downplay any hope of an exciting new Android device out of Motorola.  I believe it's a smoke screen.

I think it's time for the patent wars to end.  Steve Jobs' thermonuclear war against Android has not panned out the way Apple had hoped.  Tim Cook has indicated that while Apple is not willing to be the research lab for the rest of the industry, he is willing to find a solution outside of the courts.

Back in November of last year, Apple and HTC came to a resolution to their patent dispute.

It's time for Google and Samsung to do the same.

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