Motorola surprises by withdrawing entire ITC complaint against Apple
Google subsidiary Motorola Mobility withdrew its entire second International Trade Commission complaint against Apple a move that has been characterized as "one of the most surprising developments" in the dispute between the two companies.
The unexpected turn was detailed on Tuesday by intellectual property expert Florian Mueller of FOSS Patents. The complaint was first filed in mid-August, and the ITC announced a month later that it would investigate the complaint.
No reason for the withdrawal was given. A filing made by Motorola moved to "terminate all claims in this investigation without prejudice based on Motorola's withdrawal of the complaint, with Motorola and Apple each bearing their own costs and attorneys' fees."
Mueller said that the "simplest explanation" for the motion would be a global settlement deal reached between Motorola and Apple. However, a dismissal under those circumstances is usually done with prejudice, and the motion explicitly states that "there are no agreements between Motorola and Apple, written or oral, express or implied, concerning the subject matter of this investigation."
"This could still be a unilateral goodwill gesture on Google's part toward Apple if high-level settlement talks are progressing well," Mueller said. "But it could also be a tactical decision involving a plan to reassert the same claims in a federal court."
In his opinion, it's most likely that Google determined the complaint was unlikely to succeed with the ITC. But he admitted the decision is a "mystery<" as withdrawals at an early stage of an investigation are "really unusual."
The unexpected turn was detailed on Tuesday by intellectual property expert Florian Mueller of FOSS Patents. The complaint was first filed in mid-August, and the ITC announced a month later that it would investigate the complaint.
No reason for the withdrawal was given. A filing made by Motorola moved to "terminate all claims in this investigation without prejudice based on Motorola's withdrawal of the complaint, with Motorola and Apple each bearing their own costs and attorneys' fees."
Mueller said that the "simplest explanation" for the motion would be a global settlement deal reached between Motorola and Apple. However, a dismissal under those circumstances is usually done with prejudice, and the motion explicitly states that "there are no agreements between Motorola and Apple, written or oral, express or implied, concerning the subject matter of this investigation."
"This could still be a unilateral goodwill gesture on Google's part toward Apple if high-level settlement talks are progressing well," Mueller said. "But it could also be a tactical decision involving a plan to reassert the same claims in a federal court."
In his opinion, it's most likely that Google determined the complaint was unlikely to succeed with the ITC. But he admitted the decision is a "mystery<" as withdrawals at an early stage of an investigation are "really unusual."
Comments
Motorola doesn't surprise by withdrawing itself from anything worth while.
Hopefully this is a good sign or google taking the high road and not being a hypocrite by talking on both sides on their mouth.
Better economics that way, because Apple is moving away from all things Google.
Oh, he's gone!
Quote:
Originally Posted by vetinari
I think Google wants to make peace with Apple.
Better economics that way, because Apple is moving away from all things Google.
Perhaps there are negotiations behind the scenes. As Schmidt mentioned, they talk to Apple everyday.
Motorola: *shakes fists* We're gonna sue the hide off of you Apple for theft of IP!!!!
Apple: Yeah, wutever. Go right ahead.
Motorola: You just wait!! We'll sic our lawyers at you!!
Apple: Is it time for lunch yet?
Motorola's Lawyers: *whispers to Google execs* Shh... but Apple didn't violate anything.
Motorola: Uhm... can we talk?
Quote:
Originally Posted by mstone
Perhaps there are negotiations behind the scenes. As Schmidt mentioned, they talk to Apple everyday.
Unless Motorola or Google tells us, we will never know, so it is rather pointless to speculate about anything.
Quote:
Originally Posted by Realistic
Unless Motorola or Google tells us, we will never know, so it is rather pointless to speculate about anything.
What for a rumor site, then ?
The hell? Eric Schmidt found Jesus?
Quote:
Originally Posted by Techstalker
.... google taking the high road ....
Seeing these words in the same sentence makes me think it must be a cold day in hell.
don't be evil ? (no, sorry, I leave ...)
Originally Posted by allenbf
The hell? Eric Schmidt found Jesus?
No, Steve Jobs just appeared to him in a dream, four times. Young Steve, who made Schmidt feel all the pain and anguish that came from what Microsoft stole, regular Steve, who forced Schmidt to feel all the pain and anguish from what Google stole, and Future Steve, who appeared as Steve Jobs had the cancer been beaten and showed Schmidt his vision for Apple 20 years down the road.
Then regular Steve returned and showed him what the world would be like without Google: No Android whoring out stolen tech, no advertising stranglehold on privacy and personal information… It was, in every way, better. And then Steve showed him what the world would be like without Apple. Blinkenlights machines until 1980, no GUI until 1989, and that was a failed experiment that didn't become usable until '93, fast forward to October 2001 and the best PMP on the market was a portable CD player that carried three (count 'em!) CDs at once, and then to 2010 where Dell releases its new tablet computer, 7.85", 16:10 screen at 640x400, powered by Microsoft PenSight 2012, a version of Microsoft InSight (TTL's Windows analogue) that supports the use of a stylus (only) on a resistive screen. Uses Intel's lowest-power chip, the lowest-end, under-clocked 25w model, only needs one fan to cool, battery lasts two hours, and it only weighs four pounds.
Either that or someone just got some intelligence knocked into Google in a meeting and they withdrew everything. I prefer the former.
LOL!
Quote:
Originally Posted by vetinari
I think Google wants to make peace with Apple.
Better economics that way, because Apple is moving away from all things Google.
wonder if this has anything to do with the recent Appeal ruling in Microsoft vs. Motorola.