Apple seeks to put Motorola patent cases on hold

Apple looks to postpone cases until after Google-Motorola deal is finalised

Stewart Mitchell
13 Sep 2011

Apple has asked a US court to put two patent dispute cases with Motorola on hold until after the sale of the handset maker to Google goes through.

Apple filed motions to stay in two of its multiple lawsuits with Motorola, arguing that the pending acquisition of Motorola by Google has resulted in "a fundamental loss of Motorola's patent rights", according to a report on legal website Foss Patents.

Apple believes that Motorola has given up any patent rights as part of the agreement, and may prefer to wait until after the merger is finalised, possibly as late as the middle of next year, to assess its position.

The two lawsuits - one brought by Apple against Motorola and the other brought by Motorola - are irrelevant now that Motorola has been sold as it may no longer have rights over the patents under discussion, Apple claimed.

"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 claimed in court papers, according to Foss.

Apple is also concerned that should it win the cases “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".

Motorola has yet to reply to the filing.

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