Apple (AAPL) May Get Quick Victory in Motorola (MMI) Patent Litigation
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Price: $169.02 --0%
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Dividend Yield: 0.5%
Revenue Growth %: -4.3%
Overall Analyst Rating:
NEUTRAL (= Flat)
Dividend Yield: 0.5%
Revenue Growth %: -4.3%
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According to reports Tuesday, Apple (Nasdaq: AAPL) has filed motions to temporarily halt lawsuits with Motorola Mobility (NYSE: MMI). Apple alleges Motorola lost its protection rights when it agreed to be acquired by Google (Nasdaq: GOOG).
Saying Motorola ceded control over its patents to Google, Apple says Motorola lacks that standing to sue. The company contends it should not have to spend time and resources defending itself against a company which lacks the ability to enforce its patents.
Additionally, Apple argues even if it did achieve victory, the case could potentially be opened by Google following completion of the merger. From the filing by Apple: "[W]ere Apple to prevail in this case, it risks an attack on its victory on appeal by a third party, whether Google or another Android smartphone manufacturer, contending that the judgment should be overturned due to a lack of prudential standing."
Continuing, Apple stated, "To further its pending acquisition by Google, Motorola has surrendered critical rights in the patents-in-suit, such that Motorola no longer has prudential standing to pursue this action. According to the publicly-filed Merger Agreement, Motorola has ceded control of the most basic rights regarding the patents-in-suit."
According to AppleInsider, "Motorola's complaint against Apple with the ITC is currently stayed because the Administrative Law Judge in charge of the investigation recently retired. Finally, hearings for Apple's ITC case against Motorola are set to begin in two weeks, with an initial determination scheduled for the end of November."
Apple is trading about 0.5 percent higher early Tuesday.
Saying Motorola ceded control over its patents to Google, Apple says Motorola lacks that standing to sue. The company contends it should not have to spend time and resources defending itself against a company which lacks the ability to enforce its patents.
Additionally, Apple argues even if it did achieve victory, the case could potentially be opened by Google following completion of the merger. From the filing by Apple: "[W]ere Apple to prevail in this case, it risks an attack on its victory on appeal by a third party, whether Google or another Android smartphone manufacturer, contending that the judgment should be overturned due to a lack of prudential standing."
Continuing, Apple stated, "To further its pending acquisition by Google, Motorola has surrendered critical rights in the patents-in-suit, such that Motorola no longer has prudential standing to pursue this action. According to the publicly-filed Merger Agreement, Motorola has ceded control of the most basic rights regarding the patents-in-suit."
According to AppleInsider, "Motorola's complaint against Apple with the ITC is currently stayed because the Administrative Law Judge in charge of the investigation recently retired. Finally, hearings for Apple's ITC case against Motorola are set to begin in two weeks, with an initial determination scheduled for the end of November."
Apple is trading about 0.5 percent higher early Tuesday.
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