Linked by Thom Holwerda on Fri 27th Dec 2013 18:19 UTC
Legal

Google has decided to fight back against the Apple and Microsoft-backed patent troll Rockstar. It has filed a lawsuit, asking the court to state that the Android platform does not infringe any of the patents the patent troll is asserting against Android, Google, and Android OEMs. Google describes Rockstar's trolling in no uncertain terms.

Rockstar produces no products and practices no patents. Instead, Rockstar employs a staff of engineers in Ontario, Canada, who examine other companies' successful products to find anything that Rockstar might use to demand and extract licenses to its patents under threat of litigation.

A very interesting tidbit is found further down in the legal documents - Google claims that Rockstar actually contacted companies that use Android, asking them to... Stop using Android.

On information and belief, Rockstar contacted and met with these California-based companies in order to discourage them from continuing to use Google's Android platform in their devices, and to interfere with Google's business relationships.

This Apple and Microsoft shell company is way, way dirtier than we already knew.

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themwagency
Member since:
2013-03-06

It’s worth noting that Google tried to buy this patent portfolio for 3 or so billion, but was outbid.

Worth noting is that Google tried doing same thing that Rockstar is doing when they bought Motorola... but just happened to fail at that as well.

Google's hypocrisy is unrivaled.

Edited 2013-12-27 21:36 UTC

Reply Score: 2

oiaohm Member since:
2009-05-30

In fact Google patent claims from Motorola was defensive.

Also Motorola patents were proven infringing by Microsoft and others. The debate over them was how much had to be paid for invalid usage due to Frand licensing allowing free usage as long as terms were obeyed.

http://news.cnet.com/8301-1023_3-57581544-93/court-sides-with-micro...

Yes if you dig into every cases of Goggle vs anyone over patents. There is not one case the other party is not infringing not he patent. Every time Google has been paid. Less than what Google has requested most of the time.

Sorry themwagency Google has not failed with Motorola at all.

Also Google with Motorola did the first court cases to determine what Frand licensing could charge.

Rockstar is a different kettle of fish. Its turning out to claim infringement when it does not own the patents required. So Rockstart is not doing the same thing Motorola under Google did.

The claim that Motorola under Google failed is bogus. They just got 1/4 of what they were asking for. Interesting enough the prices Motorola was using was directly based on the Rate Microsoft had be licensing patents at.

Yes the Rockstar case is also to force Rockstar and others to reduce the price per patent.

Reply Parent Score: 0

Nelson Member since:
2005-11-29

Some homework for you:
How much did Google pay for Motorola? How much did they seek in licensing fees from Microsoft? How much did they end up getting?

Just so we can quantify this supposed success.

Reply Parent Score: 5

ichi Member since:
2007-03-06

It’s worth noting that Google tried to buy this patent portfolio for 3 or so billion, but was outbid.

Worth noting is that Google tried doing same thing that Rockstar is doing when they bought Motorola... but just happened to fail at that as well.

Google's hypocrisy is unrivaled.


Google didn't (to my knowledge at least) set up a shell company with no other purpose than going offensive with Motorola's patents and hence hidding themselves from any possible counter suing.

Reply Parent Score: 5

Nelson Member since:
2005-11-29

Motorola can, and has sued a shareholder (Microsoft), just not to very much success.

Google has filed a declaratory judgement suit against Rockstar (as this article describes) which indeed is counter suing.

Now, if Google actually thought they had a snowballs chance in hell of prevailing against the shareholders I'm sure they would've done so, but past is prologue here and we've seen nothing but spectacular losses by Moto across the map.

They have useless FRAND patents like some of us mentioned and little recourse except to argue against the validity of the patents and/or present affirmative defenses.

How successful Rockstar will be remains to be seen, but the fact that Google bid $3.14B for them doesn't bode well for any invalidity claims.

Reply Parent Score: 3

terra Member since:
2012-11-01

<sarcasm>Hey! How is your company, Rockstar doing?</sarcasm>

Reply Parent Score: 1

japh Member since:
2005-11-11

It’s worth noting that Google tried to buy this patent portfolio for 3 or so billion, but was outbid.
... Google's hypocrisy is unrivaled.


Do you have any sort of proof that they would have gone down the same path as Rockstar if they had indeed bought these patents? Otherwise, what is the hypocrisy?

Reply Parent Score: 4