Apple and Google/Motorola Agree to Settle Patent Litigation, Work Together on Patent Reform

[KPOM]

Net win for Apple? Not likely. Not only have they come out looking like bullies in the eyes of many, they are directly responsible for giving Samsung so much free advertising and publicity (for good or bad), that they made the Galaxy series of phones synonymous with Android! And that is not a good thing.

Now here is why I think Apple settled with Google AND this is the only reason: Google's patent for rich notifications and the Notification Center, which has been sitting in the USPTO for over 6 years is probably about to be granted. If Google were inclined, they would be able to sue and show proof positive that Apple willfully and deliberately stole this patent, putting it on every hardware product they make, save for the ATV. This could amount to tens of billions of dollars as well as bans on every single product Apple makes, in particular the iPhone. Apple would prefer to not risk this. This is my guess as to why Apple is doing this.

Lastly, Google didn't overpay for Motorola. You do know they got nearly all that cash back by splitting up the set top box portion and the sale to Lenovo. Not like they spent 3 billion on a headphone company. Wink wink

Samsung would have had exponential growth lawsuit or no lawsuit. Someone had to benefit from Nokia's collapse and Samsung was the only Android manufacturer who had the capability to attack all sectors of the market, aided by their vertical integration.

It's a small net win for Apple since they did win $1 billion and will likely sustain it. Google bought Motorola Mobility for its patent portfolio only. They absolutely took a loss, particularly after court after court ruled against them. Apple wasn't their only target. Microsoft made a killing off license agreements and Google thought that Motorola's portfolio would help them. Courts didn't see it that way. Motorola Mobility's portfolio was mostly FRAND. If Google thought they had an advantage they wouldn't have settled. The bottom line is that both companies concluded they wouldn't benefit from continuing to use each other. But importantly Apple did not drop it's lawsuit against Samsung. The latter and the latter only is what makes this a small net win for Apple. $1 billion is nothing to Samsung. But it is something to FoxConn, LG, Sharp, or other important Apple suppliers who might otherwise get ideas. Apple settled with HTC. They didn't settle with Samsung. That is important.

 

[jdawgnoonan]

Good.

The lawsuits accomplished nothing worthwhile other than hurting consumers.

 

[lukasgardiner]

The lawsuits accomplished nothing worthwhile other than hurting consumers.

quit regurgitating bull you've read somewhere else - please tell us in detail how lawsuits of this type hurt consumers

 

[Rogifan]

So does this hurt Samsung's argument that Apple was using them to go after Android/Google?

 

[JohnPhamlore]

Won't the Rockstar lawsuit versus Google continue forever?

Won't the Apple-led consortium that bought the Nortel patents, Rockstar, be basically suing Google etc. for all time because basically that's the entire value of the $4.5 billion paid for those patents? I don't even see how a settlement there is possible because even a cross-licensing agreement does nothing for Rockstar since it doesn't make anything.

 

[samcraig]

So does this hurt Samsung's argument that Apple was using them to go after Android/Google?

No. Why?

 

[Technarchy]

I wonder what Google put on the table to get Apple to call off the dogs.

Samsung is on the hook for a billion.
HTC capitulated and entered a deal a couple of years ago.
Motorolas FRAND war went no where.
Apple paid off Nokia with Tim Cook's pocket change

Google must of offered something pretty compelling to get out of Apple's crosshairs.

 

[Rogifan]

No. Why?

Well if Apple and Google are basically calling a truce it's hard for Samsung to argue that Apple is really after Google, not them.

 

[samcraig]

Well if Apple and Google are basically calling a truce it's hard for Samsung to argue that Apple is really after Google, not them.

I guess it depends on what kind of truce this is.

 

[CosmoFox]

Great news. All this litigation is pretty dumb.

 

[springsup]

I'm not yet convinced this means what many here think it to mean.

1. Apple's settlement is with the Motorola Mobility unit, not Google as a whole.
2. Apple has consistently been suing device makers, not Google themselves. Google inherited this suit when it bought Motorola.
3. Google is currently chopping up Motorola - some parts are being sold to Lenovo (notably the part which actually makes devices), some parts are being retained.
4. Motorola Mobility don't have a significant presence in the market. Even if Apple won an injunction against Motorola, so what?
5. Motorola's FRAND patents have been shown to be basically worthless. It doesn't make sense for them to continue to pursue action against Apple.

All of this leads me to think this does not free Android from all patent claims by Apple. They are just focusing their efforts - that means going after the big fish. Motorola are not one of them.

Apple doesn't care about taking Motorola's products off the market any more, and Motorola don't care about getting cellular patent royalties from Apple any more. That's all.

Apple cannot let Android (in general) go. They will keep fighting it as long as they have patents to do that with. Apple's business model revolves around creating the best products on the market - if other companies can come in and copy them without consequence, how can they possibly continue to exist?

 

[iolinux333]

Now here is why I think Apple settled with Google AND this is the only reason: Google's patent for rich notifications and the Notification Center, which has been sitting in the USPTO for over 6 years is probably about to be granted. If Google were inclined, they would be able to sue and show proof positive that Apple willfully and deliberately stole this patent, putting it on every hardware product they make, save for the ATV. This could amount to tens of billions of dollars as well as bans on every single product Apple makes, in particular the iPhone. Apple would prefer to not risk this. This is my guess as to why Apple is doing this.

I think this is a good guess. But I'd give up all that "rich notifications" stuff for a 10 cent blinking LED on the front of my iPhone.

 

[cdmoore74]

My guess is that after the Samsung case both sides decided the benefits weren't worth the costs. Tim Cook has no personal stake in it like Steve Jobs and can let his brain guide him.

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Probably a net win for Apple, albeit not a knockout blow. They got Google to overpay for Motorola Mobility. At least Apple v Samsung will pay for the lawyers.

A net win? What exactly did Apple win? The money they got from Samsung is peanuts to them. Samsung got a huge airport to name a terminal after the Samsung S5 even after the judgement. That has to cost millions of dollars. Doesn't sound like their hurting much.
Apple saw the writing on the wall and retreated. They wasted so much time in court rather than fighting it out in the market.

 

[WallToWallMacs]

More like. Google agreeing to stop using Apple's tech. Which is the only thing I believe Apple would agree to. HTC and Microsoft have licensing agreements with Apple on certain tech, but much of what Google and Samsung appropriated were feature designed to make Apple products unique in the market place. That is why there are no cross licensing deals. Apple knows they are dealing with the equivalent of the old Microsoft. A license deal with them made the theft of the Mac OS possible. Im glad they learned from that mistake.

Either that or Apple realised that the greater enemy is Samsung and that is where the energy should be focused rather than going after Google who, if one remembers from the trial, warned Samsung against the modifications that were being made to Android to make it more iPhone/iOS-like in appearance. What keeps getting lost in this discussion is the fact that Samsung did not adopt a couple of ideas then implemented them in a uniquely Samsung/Android way but instead whole sale copied ideas from iOS to make their phones have the same look and feel of the iPhone but at a cheaper price. Everyone copies ideas from each other but there is a fine line between taking an idea then putting your own unique spin on it vs. just whole sale copying it down to the most minute detail.

 

[Zxxv]

Why did Motorola choose a top down image of a ladies boobs wearing a pointy bra for their logo?

 

[bozzykid]

I'm not yet convinced this means what many here think it to mean.

1. Apple's settlement is with the Motorola Mobility unit, not Google as a whole.

Not true as the press release specifically mentions Google not Motorola Mobility will be working with Apple in the future on patent reform.

 

[draugminaion]

Could this be a sign that the great patent smart phone war is drawing to a close. Hopefully no new patent litigation is filed against Samsung.

Perhaps the great lifestyle gear patent war is just going be the next war.

I wonder how long before google sues Samsung. Samsung is going Tizen, and given Samsung's corporate culture, there's probably a lot of Android in there.

They might not bother though, Android was always just a stopgap, they needed something fast. Android will be the new Symbian, not just mostly, like now, but all the way. Google has something better, it's called Chrome OS.

The Chrome OS guy is now in charge of Android.

Flagship class smartphones will be iOS, Tizen or Chrome OS. Or maybe Windows.

Will take a while before we get there though.

 

[Oletros]

More like. Google agreeing to stop using Apple's tech.

What are you talking about?

 

[Oletros]

Samsung is going Tizen

How so? How much smartphones have they released since people started to say that Samsung will ditch Android for Tizen?

And why Google will sue them?

Android will be the new Symbian, not just mostly, like now, but all the way. Google has something better, it's called Chrome OS.

Why is Chrome OS better that Android,

The Chrome OS guy is now in charge of Android.

Yes, and Android has been improving and the brand has been showing more since then and has been saying that there is no integration between the two.

Flagship class smartphones will be iOS, Tizen or Chrome OS. Or maybe
Windows.

Wishful thinking too much?

Will take a while before we get there though.

Yap

 

[mejsric]

How so? How much smartphones have they released since people started to say that Samsung will ditch Android for Tizen?

And why Google will sue them?

Samsung Glass is Tizen coming this September.

 

[Oletros]

Samsung Glass is Tizen coming this September.

First, Samsung Glass is just a rumor

Second, it is not an smartphone.

 

[draugminaion]

A net win? What exactly did Apple win? The money they got from Samsung is peanuts to them. Samsung got a huge airport to name a terminal after the Samsung S5 even after the judgement. That has to cost millions of dollars. Doesn't sound like their hurting much.
Apple saw the writing on the wall and retreated. They wasted so much time in court rather than fighting it out in the market.

How does "fighting it out in the market" work when competitors can just copy your ideas? Two juries agreed that Samsung was doing that.

But the courts were unable to provide Samsung with an incentive to stop doing it.
Maybe all Apple accomplished was to get the message out that you better be as rich as Samsung if you want to get away with copying their stuff. Maybe that was worth it for Apple.

 

[Oletros]

How does "fighting it out in the market" work when competitors can just copy your ideas? Two juries agreed that Samsung was doing that.

But the courts were unable to provide Samsung with an incentive to stop doing it.
Maybe all Apple accomplished was to get the message out that you better be as rich as Samsung if you want to get away with copying their stuff. Maybe that was worth it for Apple.

Two juries agreed that Samsun infringed some patents and Apple infringed some patents

And courts in all over the world agreed that most of those cases were BS

Too much time, money and public resources for nothing, no one has won anything.

 

[draugminaion]

How so? How much smartphones have they released since people started to say that Samsung will ditch Android for Tizen?

And why Google will sue them?

Because Tizen copied from Android and Google wants to slow down Tizen because Chrome OS isn't ready yet. But they will probably be pragmatic about this.

Why is Chrome OS better that Android,

No java. Java is eighties era PC tech, old crap not particularly suitable for mobile. Also Google just lost big from Oracle, they will have to play by Oracle's rules for java soon. This will make Android development slower and more cumbersome. With Chrome OS Google can be their own boss.

Yes, and Android has been improving and the brand has been showing more since then and has been saying that there is no integration between the two.

So? Chrome OS isn't ready yet, they can't let it die just yet.

Wishful thinking too much?

But am I wrong?

Yap

We'll see.

 

[SlCKB0Y]

They got Google to overpay for Motorola Mobility.

How much was Motorola worth in your expert opinion?