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by Shaun Nichols
27 Feb 2012
Apple has secured a legal victory over Motorola Mobility in what some experts are calling a critical blow to Google's $12.5bn acquisition deal with the firm.
A decision from Germany's Karlsruhe Higher Regional Court has allowed Apple to continue to offer its products while it maintains an appeal against a patent infringement decision in Motorola Mobility's favour.
Patent law activist and expert Florian Mueller said that the decision could delay any enforcement of the decision for up to a year and bodes well for the success of Apple's appeal on the ruling.
Apple is also said to have submitted a proposed licensing deal to settle the matter.
The two firms have long been engaged in a courtroom war over alleged patent violations in the Android and iOS platforms, with Germany proving a particularly popular venue.
The latest decision, however, could have an impact far beyond a few patents. Mueller suggested that the successful appeal from Apple undermines Motorola's basic legal strategy, a plan Google has backed.
With its patent-enforcement strategy thwarted, Mueller believes that Google may even be forced to back out of a $12.5bn acquisition of Motorola Mobility.
"With today's ruling, Googlorola's strategy has failed even before the companies have formally merged," Mueller said in a post to his FOSS Patents blog.
"This is such a major blow to Google's patent strategy that, from a mere shareholder value point of view, it should now give serious consideration to the possibility of coughing up the $2.5bn break-up fee agreed upon with (Motorola Mobility's) board of directors and walk out on this deal."
Google declined to comment on the matter.
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