Apple moves to stay patent lawsuits with Motorola
The agreement Google and Motorola have as part of the merger, according to Foss Patents, limits Motorola Mobility’s ability to defend its patents. Because of those restrictions Motorola Mobility doesn’t have the right to sue, argue Apple’s lawyers.
“Apple should not have to face the threat of an injunction based on the claims of a party that now has no standing to bring those claims,” Apple’s legal team said in its filing. “Apple will be expending enormous resources litigating claims against a party that does not have standing.”
Apple and Motorola Mobility are facing off in Florida and Wisconsin courts in lawsuits where they are accusing each other of patent infringement.
Apple’s legal team added,
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.
In other words, by giving up its right to defend its patents as part of the merger deal, Motorola Mobility loses the right to sue Apple for patent infringement.
With Apple’s motion filed, the Court must now decide if the cases should be put on hold until Google finishes its Motorola Mobility purchase.