Apple: Motorola Lost The Right To Sue Us When They Sold Their Soul To Android

Apple: Motorola Lost The Right To Sue Us When They Sold Their Soul To Android

Photo by blitzmaerker - http://flic.kr/p/7yWTDR

Apple wants courts to pause lawsuits with Motorola Mobility, claiming the Schaumberg, Il. company transferred ownership of contentious patents to Google. The legal wrangling cannot be settled until the Android maker’s acquisition of Motorola is finalized, the Cupertino, Calif. company charges.

“Apple should not have to face the threat of an injunction based on the claims of a party that has no standing to bring those claims,” the iPhone maker stated in motions filed with the southern District of Florida. Lack of standing means a company does not have the right to sue.

In a second case Apple filed against Motorola Mobility in Wisconsin, the company asks for a pause, saying if it won the case prior to Google’s August merger finalized, “it risks an attack on its victory on appeal by a third party, whether Google or another Android smartphone manufacturer, contending that the judgement should be overturned due to lack of prudential standing.”

Apple, court papers, descriptively called the merger of Motorola Mobility with Google “one of the most significant transactions in the technology industry” and pointed to earlier comments that the deal would “protect” Android. That comment could be a reference to Apple’s recent wins against Samsung and HTC.

The legal tangle does not end here. Apple is hoping a third Wisconsin case it has brought against Motorola Mobility continues. In that instance, Apple charges Motorola is not providing fair and non-discriminatory licensing. Elsewhere, a back-and-forth before the ITC continues, with Motorola’s claims against Apple stymied by the retirement of an Administrative Law Judge while Apple’s case against Motorola expected to be determined by the end of November.

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  • FriarNurgle

    I’m no lawyer and my be biased with my love of Apple, but it seems like Moto made an oops. 

  • guest

    Just FYI, It’s Schaumburg, not Schaumberg. 

  • Abdülla AlAmeeri

    Im tired of competitors suing apple just because they’re going bankrupt and jealous of this success

  • MADGeek

    The title of this article is misleading (linkbait?) as Moto has not lost only right to sue, only that the suits may need to be delayed until the ownership of the patents is finalized when Google’s acquisition of Moto is either completed or cancelled.

  • asdf

    as compared to Apple suing eveyone right, left and center?, and though not doing as well as Apple I would hardly say Motorola are going bankrupt and you can’t just sue another company because you are jealous, doesnt work like that

About the author

Ed SutherlandEd Sutherland is a veteran technology journalist who first heard of Apple when they grew on trees, Yahoo was run out of a Stanford dorm and Google was an unknown upstart. Since then, Sutherland has covered the whole technology landscape, concentrating on tracking the trends and figuring out the finances of large (and small) technology companies.

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