Are Motorola’s patents enough to protect Android?

Google ’s $ 12.5 billion purchase of Motorola Mobility will land it a vast portfolio of letters patent , but the legal obstruction facing its Android operating system are far from over , sound experts said .

Android has been hassle with sound challenges from all side , including amultibillion dollar suit filed by Oracle , and complaint brought by Apple against Android equipment makers include HTC and Samsung . Meanwhile , Microsoft has beenextracting license fee from Android gadget makers , saying it own technology patents related to Google ’s peregrine OS .

The Motorola acquisition , announced Monday , should help shield Google and its partners from future sound activity by Apple and others . But it may be too late to help gimmick shaper facing lawsuits already under way of life , and it wo n’t help Google to fight Oracle ’s Java patent violation lawsuit , which is due to set about run in October , effectual experts suppose .

Google never put much note value in building its own patent portfolio and was get off guard by the “ patent arms slipstream ” that has arrive to define the wireless manufacture . Last week itlashed out at challenger , impeach Microsoft , Apple and others of trying to inflict a “ patent tax ” on Android to dampen its runaway increment .

So its proclamation Monday that it will pay $ 40 per share for Motorola — or 63 percentage over Friday ’s closing inventory price — came as little surprisal to some observer . The accomplishment will “ increase competition by strengthen Google ’s patent portfolio , which will enable us to advantageously protect Android from anti - competitive threats from Microsoft , Apple and other company , ” CEO Larry Page say in ablog post .

Alexander Poltorak , chairwoman and CEO of General Patent Corp. , enounce Motorola ’s portfolio will serve as a deterrent to companies thinking of suing Google or its spouse . “ Now they will think twice before filing a complaint , because they can be guarantee Google will strike back , ” he enunciate .

The deal will give Google “ a mess of heft , ” said Jonathan Goldberg , a research analyst at Deutsche Bank . Motorola is among the oldest wireless troupe and has a strong and believable patent portfolio , he said . Motorola Mobility has said it owns about 24,500 patents .

“ I intend it ’s a big step and I ask there will be a big sigh of relief at Google once this deal close , ” enjoin David Mixon , a patent of invention lawyer with Bradley Arant Boult Cummings . “ They were outbid in the Nortel letters patent auctions and that was a consortium led by Microsoft and Apple . They clearly were feel some imperativeness . ”

If Google is targeted by another suit , Motorola ’s patents will help it broker a settlement and secure a license for Android , Poltorak said . That license would cover Android gimmick makers as well , under the “ exhaustion philosophical system , ” he said . “ If Google obtains a license for the OS , then everyone else who uses that OS will be licensed as well . ”

If a troupe point a Google partner rather , Google could transfer possession of some the Motorola patents to that partner temporarily , so it can defend itself with them , Poltorak said .

Not everyone concord that Motorola ’s patent will be an in force deterrent , however . Florian Mueller , source of the FOSS Patents blog , noted that Apple has already sued Motorola Mobility for letters patent infraction . Motorola ’s patents appear “ too weak ” to be a handicap against lawsuits , he wrote in ablog post .

“ This is n’t go bad to be a protective carapace for Android , ” Mueller said . “ Motorola Mobility has already fired its best shots in its lawsuits against Apple and Microsoft , with little impact as it seems . ”

But Motorola fired the first shot in that fight , Poltorak remark . Motorola sue Apple in October for allegedly infringe 18 of its patent of invention , and filed a ill with the International Trade Commission . “ Apple had no choice but to defend itself , ” Poltorak said .

Mueller argued that Motorola expected the lawsuit from Apple , and that its own lawsuit was a pre - emptive , justificative move . He see Google ’s Motorola purchase as “ buyer ’s desperation . ”

One matter observers did consort on is that buying Motorola is unconvincing to help Google with its Oracle lawsuit . Google does n’t expect to complete the leverage until latterly this yr or in former 2012 , while the Oracle test is scheduled to start in 11 week . Oracle is n’t in the wireless job , so Motorola ’s patents would n’t be effective bargaining chips anyway . And Oracle is sue Google for copyright as well as patent infringement , Mixon observe .

Neither Goldberg or Mixon see the Oracle display case as a wad - surf for Android , however . Oracle wants Android to flourish so it can collect royal line fee from it , Mixon said . And Google has deep pockets , so it could afford to pay significant damages to Oracle if necessary , Goldberg said .

“ To me , a bigger concern is what Google is going to do to protect the whole ecosystem , ” Goldberg enjoin .

It ’s unclear if Motorola ’s patent will be able-bodied to facilitate Android equipment Maker fend off the lawsuits against them . It depends how fast Google closes the acquisition and exactly what patents Motorola have , Mixon said .

Samsung has already been attain with an injunction that blocks it from deal its Galaxy Tab in much of Europe , and the company may feel pressured to sink with Apple before Google ’s Motorola acquisition closes , Poltorak said .

Still , Google has made a pregnant footstep in the right direction , according to some observers .

“ I see this as a meaningful mint , but it ’s just one more step in the process , ” Goldberg tell .