A new lawsuit filed by Motorola against Apple contending that its iPhone 4S and iCloud products infringe on Motorola patents was more than likely approved by Google, renowned patents litigation observer Florian Müller has noted.
The assertion comes from a post on Müller’s blog which was posted yesterday.
In the blog, Müller says that:
“Google must have authorized this action because this complaint formally represents a new lawsuit (since it was too late to inject supplemental infringement contentions into the first Florida action) and Section 5.01(j) of the Google-Motorola merger agreement does not allow MMI to ‘assert any Intellectual Property Right in any new Action’ without Google’s consent (either under the agreement or in a separate document, which is what presumably happened in this case).”
This clearly points to Google having to authorize any new patents infringement complaint filed by Motorola Mobility before it goes to court.
The case was by Motorola in a Federal Court in Florida last Wednesday alleging Apple is infringing on six Motorola patents concerned with software, data filtering, messaging and wireless antenna technologies.
Motorola is in the processes of finalizing an agreement with Google, which now only just consists of approval from authorities, as the companies’ shareholders have agreed to the $12.5-billion acquisition by the internet giant of the handsets and tablets manufacturer.