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Forums - Gaming - Google buying Motorola = Backfire. Worst Billions spent in history?

selnor on 18 August 2011

Judge rules that Microsoft's Android Expert can testify

 

As we know, just about everyone in the smartphone industry is suing everyone else.Microsoft is suing Motorola (which has been bought by Google) over patent issues involving Motorola's Android phones. Google stepped in last week and filed a motion to block Microsoft's Android Expert, Mr. Robert Stevenson, from testifying. Google asserted the claim that Microsoft violated confidentiality agreements and disclosed source codes to Mr. Stevenson.  Source codes on an operating system everyone thought was open sourced.

The U.S. International Trade Commission Judge handed down his ruling on Google's motion and Google got the short end of the stick.  However, the ruling may have opened the door for more litigation.

Judge Theodore Essex denied the motion stating that only parties in a complaint are allowed to move for sanctions. The Judge wrote,

"Google has not set forth any legal support for the proposition that a non-party may move for sanctions."

So the expert witness can testify and the wheels of justice can continue to grind.  Still there are two things to watch with this case.

First, will Google file a seperate claim against Microsoft so they can become a "party" and seek sanctions against Microsoft?

Second, if it is ruled that Motorola has infringed on Microsoft patents and Google's Android hardware partners have to pay royalties to Microsoft, would the $12.5 billion deal have been a bust?

http://www.wpcentral.com/judge-rules-microsoft-s-android-expert-can-testify



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superchunk on 18 August 2011

1) The code Google was trying to stop the expert from talking about was not the open source OS. It is the closed source part of the Google Apps you can or cannot use in android and other mobile platforms.

2) Its true Google may become a end to end creator of Motorola-android phones (please be all Nexus style) and therefore will become open to litigation on Android from Apple/MS; however, its also true that Google will then be able to sue back based on its new patents as well as its large trunk of money.

Apple and MS and other large crops sometimes sue just because they know they can spend more money on litigation and drag it on where the smaller party will just give up and accept a deal. Google won't do that. Here MS and Apple might actually give up.

Notice only one company has chosen to sue Google over Android's supposed patent issues? Oracle (and they do have an argument, same one MS lost years ago when it made J++ and instead trashed it for C#)

In the end Google may have to pay a licensing fee for a particular patent or it may just change Android's code to be less like MS's general patent. Either way... buy Motorola Mobility is a very smart move for Android's future.



Munkeh111 on 18 August 2011
superchunk said:
1) The code Google was trying to stop the expert from talking about was not the open source OS. It is the closed source part of the Google Apps you can or cannot use in android and other mobile platforms.

2) Its true Google may become a end to end creator of Motorola-android phones (please be all Nexus style) and therefore will become open to litigation on Android from Apple/MS; however, its also true that Google will then be able to sue back based on its new patents as well as its large trunk of money.

Apple and MS and other large crops sometimes sue just because they know they can spend more money on litigation and drag it on where the smaller party will just give up and accept a deal. Google won't do that. Here MS and Apple might actually give up.

Notice only one company has chosen to sue Google over Android's supposed patent issues? Oracle (and they do have an argument, same one MS lost years ago when it made J++ and instead trashed it for C#)

In the end Google may have to pay a licensing fee for a particular patent or it may just change Android's code to be less like MS's general patent. Either way... buy Motorola Mobility is a very smart move for Android's future.

Well I am not quite sure about all technical stuff, as lawyers have a way of finding ways round logic, especially when there is millions being spent by either side to win their case

As for this part, I think a wait and see approach is best. Google say that they will continue to leave Motorola to operate independently, which I don't quite believe, but I am not expecting them to only make Nexus phones, and they do have some way to go to match up to HTC and Samsung at the top of the Android pile