Apple: Google acquisition means Motorola lost its patent rights

Apple has filed motions to stay two of its Android patent lawsuits against Motorola, arguing that Motorola has lost its patent rights because of its pending acquisition by Google.

Apple sued Motorola because of similarities between its Droid smartphones and Apple’s iPhone, but that was before Google decided to spend $12.5 billion to acquire Motorola, a pending merger that would make Google owner of one of the largest smartphone manufacturers and 17,000 mobile patents. According to patent watcher Florian Mueller, Apple filed stay motions on Friday, claiming that Motorola Mobility has already ceded control over its patents to Google.

“Motorola has ceded control of the most basic rights regarding the patents-in-suit,” Apple’s lawyers wrote in a court filing, according to Mueller. “Absent Google's consent, Motorola cannot: (1) sue for infringement of its patents in any new action; (2) settle pending litigation (including this case) that would require a license to any of its patents; (3) license or sublicense its patents except in limited circumstances relating to the sale of Motorola’s products; (4) assign its rights in its patents; and/or (5) grant a covenant not to sue for infringement of its patents.”
Apple further argues that Google also lacks standing to enforce the patents.