Tuesday, February 14, 2012

US approves Google's buyout of Motorola, Microsoft, Apple, and RIM's take over of patents by Nortel,

www.tech-sanity.com
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The US Department of Justice has just approved Google's buyout of Motorola, shortly after the European Commission cleared the deal earlier today. Additionally, it has cleared the way for Microsoft, Apple, and RIM to take over a suite of patents left behind by Nortel, which left 6,000 patents up for grabs when it declared bankruptcy in 2009.

The DOJ echoed statements made earlier today by the EU: it maintains that while this acquisition isn't likely to harm the mobile market, it's still on guard against improper use of essential patents in the wireless device industry, and "will not hesitate to take appropriate enforcement action" against violators. It also says that Motorola Mobility has "had a long and aggressive history of seeking to capitalize on its intellectual property," but that Google's acquisition of Motorola is unlikely to change that policy.
In the same report, the DOJ also announced that it has cleared Microsoft, Apple, and RIM for a $4.5 billion deal
for the rights to Nortel's patents, which were purchased by a group of six companies last year. Google originally bid $900 million for the rights to more than 6,000 of Nortel's patents, but was overtaken by Apple, Microsoft, RIM, and Sony in an attempt to stave off Google's IP dominance.
Both deals have concerned the DOJ, EU, and other regulatory bodies with the same issue: improper or unfair use of patents to squelch competition. But the DOJ says that companies like Apple and Microsoft have made "clear commitments" to license essential patents (SEPs) using fair, reasonable, and non-discriminatory terms (FRAND), "as well as their commitments not to seek injunctions in disputes involving SEPs." On the other hand, it finds that "Google's commitments were more ambiguous" regarding its SEP licensing policies.

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