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DoJ allows Google acquisition of Motorola, but calls FRAND commitments 'ambiguous'

post #1 of 33
Thread Starter 
The U.S. Department of Justice has closed its investigation into Google's $12.5 billion acquisition of Motorola Mobility, though it did note that Google was "more ambiguous" than rivals Apple and Microsoft in affirming Fair, Reasonable and Non-Discriminatory licensing agreements for standard-essential patents.

In a statement on Monday, the Justice Department said they concluded the investigation because Google is "unlikely to materially alter" Motorola's "long and aggressive history" of leveraging its intellectual property against its rivals. As such, a transfer of ownership rights from Motorola to Google would not represent a significant change in the competitive landscape.

Google announced last August that it had reached an agreement with Motorola Mobility to acquire the company for $12.5 billion. CEO Larry Page indicated that legal pressure from Apple and Microsoft had forced the company to protect itself by merging with Motorola.

The agency's announcement comes on the heels of regulatory approval of the Google/Motorola deal in the European Union. The European Commission is allowing the merger to go ahead, but it warned that it will keep a close watch on patent litigation due to concerns that Google "can abuse" Motorola's patents by linking them with its Android devices. The DoJ said in its statement that it had "cooperated closely" with the European Commission in its investigation of the deal.

According to the investigation, Google's commitments to FRAND licensing have been "less clear" than Apple and Microsoft's vocal commitments (1, 2) to not threaten competitors with injunctions for standard-essential patents (SEPs). The DoJ notes Google as having stated that it will refrain from pursuing injunctive relief over infringement of SEPs only for disputes involving future license revenues and only if the counterpart agrees not to challenge the validity of the patent, pays the full disputed amount into escrow and agrees to a reciprocal process regarding injunctions.

"Google’s statement therefore does not directly provide the same assurance as [Apple's and Microsoft's] statements concerning the exercise of its newly acquired patent rights," the statement read.

The agency went on to note that it will allow Google's acquisition of Motorola's patents, but it still has concerns about what Google will do with those patents once the deal is completed. It pledged to "continue to monitor" the use of SEPs in the wireless device industry, especially for smartphones and tablets.

Motorola has had some initial success in Europe with wielding its SEPs against Apple. The company won two out of three injunctions for its essential patents in a German court in recent months.

Apple, however, has fought back with an "antisuit lawsuit" against Motorola. The Cupertino, Calif., company alleges that Motorola's German lawsuit is in "direct breach" of a patent licensing agreement with Qualcomm that extends to Apple.

Motorola apparently sent a letter to Qualcomm last year terminating "any and all license and covenant rights with respect to Apple." Qualcomm responded by claiming that Motorola was not entitled to revoke its rights because of Apple's own lawsuits.

Samsung attempted the same maneuver with its FRAND-encumbered patents last year in France, but the court ultimately decided that FRAND declarations required irrevocable licenses to be granted.

Motorola has also come under fire after it was revealed that the company is seeking 2.25 percent of Apple's sales for a patent license. Apple has submitted motions to see Motorola's contracts with other handset vendors to determine whether the 2.25 percent is fair. The requested royalty rate has been characterized as exorbitant by some because handset profits would be quickly eroded if other companies that hold patents for standards demanded similar rates.


Credit: Foss Patents


Monday's announcement also included the news that the Justice Department had closed its investigation into the acquisition of Nortel's patents by a consortium, which includes Apple, Microsoft, Research in Motion and others. Apple's purchase of patents originally owned by Novell was also given the green light by the agency.


[ View article on AppleInsider ]
post #2 of 33
I'm glad to see the "good" and "evil" being recognized by the DoJ and that they'll "keep an eye" on the evil.

Why does Apple bashing and trolling make people feel so good?

Reply

Why does Apple bashing and trolling make people feel so good?

Reply
post #3 of 33
right and Apple isn't. Apple is just as guilty.
post #4 of 33
Quote:
Originally Posted by specter2009 View Post

right and Apple isn't. Apple is just as guilty.

I wouldn't go there if I were you. You're barking up the wrong Apple tree.....by saying that here.

Why does Apple bashing and trolling make people feel so good?

Reply

Why does Apple bashing and trolling make people feel so good?

Reply
post #5 of 33
Ohhh, too bad for Google! Now they're going to have to go through with the merger.
post #6 of 33
Quote:
Originally Posted by Cpsro View Post

Ohhh, too bad for Google! Now they're going to have to go through with the merger.

This merge with Motorola has big chances of backfiring to Google and then, Larry Page's head will be served to shareholders, as it will be difficult to explain why they bought a flop decadent company that loses market share every day.
post #7 of 33
Quote:
Originally Posted by Dickprinter View Post

I wouldn't go there if I were you. You're barking up the wrong Apple tree.....by saying that here.

What you done like the truth, iSheep

Sorry iFans, for the poor grammar

What, you don't like the truth, iSheep
post #8 of 33
Quote:
Originally Posted by gunnar23 View Post

What you done like the truth, iSheep

What, you don't like to spell correctly or punctuate, gunnar23?

ZING!
post #9 of 33
Quote:
Originally Posted by gunnar23 View Post

What you done like the truth, iSheep

Huh? Make sense, please.

Why does Apple bashing and trolling make people feel so good?

Reply

Why does Apple bashing and trolling make people feel so good?

Reply
post #10 of 33
Game is most certainly on if the DoJ and EU are in communication with each other over this.

There are too many government officials talking about patents. Google/Moto/Samsung better have something up their sleeves because this isn't going to end well for them.
post #11 of 33
Fandroids/Googlites currently going into melt-down over perceived unfairness of the DoJ. Makes for great reading.
"We're Apple. We don't wear suits. We don't even own suits."
Reply
"We're Apple. We don't wear suits. We don't even own suits."
Reply
post #12 of 33
Quote:
Originally Posted by specter2009 View Post

right and Apple isn't. Apple is just as guilty.

If you don't know the difference between standards-essential patents and non-standards-essential patents, you've got some learning to do. But why learn when you can just spout off in ignorance?
post #13 of 33
Apple comes across as an A$$hole company, because they make the lion share of mobile profits, have great products and customer base. they have nothing to fear.
So why go after every small mobile player, it is BS and Apple is bully.
I was an Apple fan back in the day, had a G3 blue and white, a G4 and now a MacBook Pro ( a few years old).
Every law suit Apple starts is petty, nonsense stuff like how to slide touch to unlock.

Without Steve Jobs and caught up in law suits with a host of companies might be their long term undoing.
We'll see, but no one likes a bully, well maybe iSheep do.
post #14 of 33
Quote:
Originally Posted by gunnar23 View Post

<snip> ...it is BS and Apple is bully... <snip> We'll see, but no one likes a bully, well maybe iSheep do.

Apple is a bully for saying to the DoJ that they won't sue those who use it's technology if licensed under FRAND conditions?
"We're Apple. We don't wear suits. We don't even own suits."
Reply
"We're Apple. We don't wear suits. We don't even own suits."
Reply
post #15 of 33
Google, Android, and Samsung are "small mobile players"?
They spoke of the sayings and doings of their commander, the grand duke, and told stories of his kindness and irascibility.
Reply
They spoke of the sayings and doings of their commander, the grand duke, and told stories of his kindness and irascibility.
Reply
post #16 of 33
Quote:
Originally Posted by Cpsro View Post

Ohhh, too bad for Google! Now they're going to have to go through with the merger.

What Merger? Motorola mobility is going to be ran as a separate entity. Google doesn't want to merger in to the current business.
post #17 of 33
Quote:
Originally Posted by sennen View Post

Fandroids/Googlites currently going into melt-down over perceived unfairness of the DoJ. Makes for great reading.

This one is fabulous:

"Frankly if I had my way I'd burn Apple to ground and not give a single care in the world. They more then any other company right now are stifling innovation in every conceivable measure. The fanbois will scream patents. How can the above be seen as anything other then a method to slow down competition? Not through innovative methods, but by BS patents that should NEVER be granted. EVER, and if they are should never be used. Apple is a patent troll. Period."
"We're Apple. We don't wear suits. We don't even own suits."
Reply
"We're Apple. We don't wear suits. We don't even own suits."
Reply
post #18 of 33
Quote:
Originally Posted by gunnar23 View Post

Apple comes across as an A$$hole company, because they make the lion share of mobile profits, have great products and customer base. they have nothing to fear.
So why go after every small mobile player, it is BS and Apple is bully.
I was an Apple fan back in the day, had a G3 blue and white, a G4 and now a MacBook Pro ( a few years old).
Every law suit Apple starts is petty, nonsense stuff like how to slide touch to unlock.

Without Steve Jobs and caught up in law suits with a host of companies might be their long term undoing.
We'll see, but no one likes a bully, well maybe iSheep do.

Baaaaaaaaaaaaaaaaa...
na na na na na...
Reply
na na na na na...
Reply
post #19 of 33
Quote:
Originally Posted by Apple v. Samsung View Post

What Merger? Motorola mobility is going to be ran as a separate entity. Google doesn't want to merger in to the current business.

Yep, not a merger. However... Google has veto power over IP-related actions by MMI starting back from August 2011:

http://blogs.wsj.com/deals/2011/08/1...he-highlights/

Google has said it intends to let Moto continue on it's present course of litigation:

http://fosspatents.blogspot.com.au/2...ds-bodies.html


With apologies to aiken_d.
"We're Apple. We don't wear suits. We don't even own suits."
Reply
"We're Apple. We don't wear suits. We don't even own suits."
Reply
post #20 of 33
Quote:
Originally Posted by Apple v. Samsung View Post

What Merger? Motorola mobility is going to be ran as a separate entity. Google doesn't want to merger in to the current business.

It still has to book the MMI losses on its consolidated earnings.
post #21 of 33
Quote:
Originally Posted by Dickprinter View Post

Huh? Make sense, please.

Yeah, and that was AFTER he edited his original post.

I love it when they call us iSheep and they use the handset that's got the majority market share.

Classic!
post #22 of 33
Quote:
Originally Posted by gunnar23 View Post

Apple comes across as an A$$hole company, because they make the lion share of mobile profits, have great products and customer base. they have nothing to fear.
So why go after every small mobile player, it is BS and Apple is bully.
I was an Apple fan back in the day, had a G3 blue and white, a G4 and now a MacBook Pro ( a few years old).
Every law suit Apple starts is petty, nonsense stuff like how to slide touch to unlock.

Without Steve Jobs and caught up in law suits with a host of companies might be their long term undoing.
We'll see, but no one likes a bully, well maybe iSheep do.

Whats with the influx of morons the past few days? I mean seriously. There's been an explosion of new registrations, and they've all been mindless trolls.

So you owned an Apple product 10 years ago? Fascinating. Noone really gives a fuck if you owned a G3/G4, doesn't legitimize your trolling or validates the childish idiocy you spew. iSheep? How original. A better use of your time would be to learn english, so you don't make spelling + grammar mistakes with every single word.
post #23 of 33
Quote:
Originally Posted by Apple v. Samsung View Post

What Merger? Motorola mobility is going to be ran as a separate entity. Google doesn't want to merger in to the current business.

The two companies' operations may not merge, but Google is taking on a very real risk of being held liable for MMI's actions in the marketplace. Piercing the corporate veil.
post #24 of 33
Google keeps making mistakes with bad purchases and loser product releases.
Google no longer innovates. The Motorola Purchase is a mistake.

1. The Motorola patents are not going to serve the purpose that Google hopes and they over paid by a lot for Motorola and Motorola will become a liability for Google.

2. Google steals technologies from Apple, Oracle, Paypal, Nuance etc... instead of innovating.

Forget it. Google needs a better CEO
post #25 of 33
Quote:
Originally Posted by gunnar23 View Post

What you done like the truth, iSheep

Sorry iFans, for the poor grammar

What, you don't like the truth, iSheep

What your andork device doesn't come with a delete or backspace key to fix your ignorant grammar? So, instead you have to apologize for it.....
post #26 of 33
Quote:
Originally Posted by Slurpy View Post

Whats with the influx of morons the past few days? I mean seriously. There's been an explosion of new registrations, and they've all been mindless trolls.

So you owned an Apple product 10 years ago? Fascinating. Noone really gives a fuck if you owned a G3/G4, doesn't legitimize your trolling or validates the childish idiocy you spew. iSheep? How original. A better use of your time would be to learn english, so you don't make spelling + grammar mistakes with every single word.

To your point, I used to read the threads all the time, but as of late it seems like a bunch of idiots have just joined only to make stupid comments that are not even grammatically correct.

Saruman must have released a batch of Trolls from the dirt oven mirk they grow in, and sent them all to AI.....

Time to clean house Tallest Skil!
post #27 of 33
Quote:
Originally Posted by gunnar23 View Post

Apple comes across as an A$$hole company, because they make the lion share of mobile profits, have great products and customer base. they have nothing to fear.

But Microsoft and Google don't because… they're…



Quote:
So why go after every small mobile player,

If I own a store and a homeless man tries to steal from me, I'll treat him the same as when George Clooney tried to steal from me.

Quote:
I was an Apple fan back in the day,

Yeah, we know; you haven't posted since 2007. And only a few times at all since aught four.

Quote:
Every law suit Apple starts is petty, nonsense stuff like how to slide touch to unlock.

So you're just ignoring the fact that absolutely no one on the face of the Earth sold a device with said technology in it before Apple did. Right, so let's say you invent a house door that doesn't require you to turn a doorknob to enter. Basically it's a door that lets you carry groceries in or stuff out without having to fumble with a knob.

You'd be fine with people stealing your design and making money off of it. You'd be okay with that. That's what you're saying.

Quote:
Without Steve Jobs and caught up in law suits with a host of companies might be their long term undoing.

Slapppy? Is that you?

Quote:
We'll see, but no one likes a bully, well maybe iSheep do.

We'll just bleat you to death.

*ducks* ALL ABOARD THE BAD PUN EXPRESS! CHOO CHOO!

Originally posted by Marvin

Even if [the 5.5” iPhone exists], it doesn’t deserve to.
Reply

Originally posted by Marvin

Even if [the 5.5” iPhone exists], it doesn’t deserve to.
Reply
post #28 of 33
Quote:
Originally Posted by Tallest Skil View Post

But Microsoft and Google don't because they're





If I own a store and a homeless man tries to steal from me, I'll treat him the same as when George Clooney tried to steal from me.



Yeah, we know; you haven't posted since 2007. And only a few times at all since aught four.



So you're just ignoring the fact that absolutely no one on the face of the Earth sold a device with said technology in it before Apple did. Right, so let's say you invent a house door that doesn't require you to turn a doorknob to enter. Basically it's a door that lets you carry groceries in or stuff out without having to fumble with a knob.

You'd be fine with people stealing your design and making money off of it. You'd be okay with that. That's what you're saying.



Slapppy? Is that you?



We'll just bleat you to death.

*ducks* ALL ABOARD THE BAD PUN EXPRESS! CHOO CHOO!


Thanks!
post #29 of 33
Tallest Skil,

Everyone hated Microsoft because they are a bully, killed Netscape and others.
Now is payback time, MS phone OS is not bad, but most people won't even consider it, why cause people have a negative opinion of MS, and they deserve it. WinPhone would have to be way better than Apple and Android for me to consider it. Not going to happen.
Apple was always a loved company, I work in IT and have recommended it loads of time, back in the day when Apple was hurting.

To me it seems like Apple is going the way of MS, we'll see.
Apple is the biggest company in the world, why go after HTC, Moto, Asus? Seriously these guys can't touch Apple.
If they have a problem with Google they should sue google, not pick on the little guys.

BTW Microsoft are big a-holes too.
post #30 of 33
Quote:
Originally Posted by gunnar23 View Post

Apple is the biggest company in the world, why go after HTC, Moto, Asus?

So your only criteria for disallowing Apple their legal right to protect their intellectual property is 'they're the biggest'. Okay, then.

Quote:
If they have a problem with Google they should sue google, not pick on the little guys.

You mean the 'little guys' who are selling all of Google's software and copying Apple's hardware? Apple has their own problems with everyone. Getting the Google stuff is a bonus and a precursor to the inevitable lawsuit.

Seriously, when Steve was approached to be Google's CEO back when they were a startup, he should have agreed. Then simply folded Google into NeXT and eventually Apple and we wouldn't have had this mess at all.

Originally posted by Marvin

Even if [the 5.5” iPhone exists], it doesn’t deserve to.
Reply

Originally posted by Marvin

Even if [the 5.5” iPhone exists], it doesn’t deserve to.
Reply
post #31 of 33
Quote:
Originally Posted by Tallest Skil View Post

So your only criteria for disallowing Apple their legal right to protect their intellectual property is 'they're the biggest'. Okay, then.



You mean the 'little guys' who are selling all of Google's software and copying Apple's hardware? Apple has their own problems with everyone. Getting the Google stuff is a bonus and a precursor to the inevitable lawsuit.

Seriously, when Steve was approached to be Google's CEO back when they were a startup, he should have agreed. Then simply folded Google into NeXT and eventually Apple and we wouldn't have had this mess at all.

How come Apple does not sue Microsoft, WinPhones and Android look almost the same.
Apple is trying to do the same MS did to Netscape, they want to kill Android.
How many features did Apple copy form Android? a lot. the iPhone is a better product because of Android and Android is better because of the iPhone. they are in competition and we benefit from it.
post #32 of 33
Quote:
Originally Posted by gunnar23 View Post

How come Apple does not sue Microsoft, WinPhones and Android look almost the same.

Windows Phone 7, happily, doesn't look a thing like iOS or Android. If there would be a lawsuit there, it would be for misuse of an UNDERLYING patent based on the operation of the device, and it would likely be settled out of court (if it was between Microsoft and Apple, that is).

Quote:
Apple is trying to do the same MS did to Netscape, they want to kill Android.

Yes, exactly. Android has no place existing in its current form. Android needs taken off the market entirely or rewritten.

Quote:
How many features did Apple copy form Android? a lot.

*pat on the head* Aww, you think that's a valid argument.

Quote:
the iPhone is a better product because of Android

Possibly. I'd agree with that conditionally.

Quote:
and Android is better because of the iPhone.

Android wouldn't EXIST without the iPhone. It would be a BLACKBERRY OS CLONE without the iPhone.

Originally posted by Marvin

Even if [the 5.5” iPhone exists], it doesn’t deserve to.
Reply

Originally posted by Marvin

Even if [the 5.5” iPhone exists], it doesn’t deserve to.
Reply
post #33 of 33
Quote:
Originally Posted by Tallest Skil View Post

Windows Phone 7, happily, doesn't look a thing like iOS or Android. If there would be a lawsuit there, it would be for misuse of an UNDERLYING patent based on the operation of the device, and it would likely be settled out of court (if it was between Microsoft and Apple, that is).



Yes, exactly. Android has no place existing in its current form. Android needs taken off the market entirely or rewritten.



*pat on the head* Aww, you think that's a valid argument.



Possibly. I'd agree with that conditionally.



Android wouldn't EXIST without the iPhone. It would be a BLACKBERRY OS CLONE without the iPhone.

Pretty funny "BLACKBERRY OS CLONE", probably more likely Symbian or Maemo

Thanks for your honest discussion.
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