After this partial summary judgment win, Apple is in pretty good shape with a view to the Wisconsin FRAND trial, which is scheduled to start on November 5, 2012. It still has the burden of proof on its claim that Motorola’s 2.25% royalty demand is inconsistent with FRAND, and there are some other requirements to meet, but the issues have been narrowed ocnsiderably. Almost exactly a year after Google announced its acquisition of Motorola Mobility, and only days after Google announced mass layoffs at the acquired company, Friday’s decision is only the latest event of many that call into question the patent strategy behind that $12.5 billion impulse buy.
FOSSPatents Florian Mueller reports from the Karlsruhe Higher Regional Court:
Apple scored a breakthrough court victory today against Motorola (Bloomberg was first to report). Its importance can hardly be overstated. This is so huge that it even begs the question of whether Google’s strategy for its $12.5 billion purchase of Motorola Mobility has failed before the deal is even formally closed
With today’s ruling, Googlorola’s strategy has failed even before the companies have formally merged. This is such a major blow to Google’s patent strategy that, from a mere shareholder value point of view, it should now give serious consideration to the possibility of coughing up the $2.5 billion break-up fee agreed upon with MMI’s board of directors and walk out on this deal.