A blow - by - black eye business relationship of negotiations leading up to Google ’s acquisition of Motorola indicates that the deal may have been one of necessity rather than chance for Google .

In a proxy statement lodge with the U.S. Securities and Exchange Commission , Motorola said that it was considering settling some or all of the letters patent misdemeanor cause against it at the time it begin negotiations with Google . Both Apple and Microsoft are suing Motorola for supposed infringement in its Android - based products .

If Motorola had settled those suits , the resultant might have been damaging for Android , patent expert Florian Mueller indite in a web log situation on Wednesday . “ The radioactive dust for Android would have been nothing short of ruinous , ” he wrote . Motorola ’s “ likely capitulation would have been a disastrous signal and resulted in pretty much every other Android gimmick maker ’s surrender on the patent front . It would have made it clear to everyone that Android run afoul patents contain by Microsoft ” and Apple .

Apple is also suing HTC andSamsungfor so-called patent of invention infringement in their Android products . Unlike most operating system of rules developers , Google does not agree to protect Android licensee in the event of a patent lawsuit . That has left many of the large Android maker exposed to legal attacks from competitors .

If those licensee have to ante up other companies admit Apple and Microsoft to practice Android , the economics of Android interchange dramatically . It ’s currently free to license Android , while other mobile operating organisation , like Microsoft ’s Windows Phone , do with a licensing fee . That has aid spur the dramatic growth of Android over the preceding twosome of years .

Even after Google proposed acquiring Motorola , the French telephone maker was still turn over whether settle the lawsuits might be a right choice . On Aug. 2 , Motorola ’s board deferred a response to a Google offer because it was still evaluate the marriage proposal “ as well as other strategical alternatives that could hypothetically be pursued by Motorola Mobility , include the prospect of settling some or all of the intellectual prop litigation , ” according to the proxy financial statement .

The companies may have also discussed the theory of Google grease one’s palms only Motorola ’s patents , rather than the whole company . That prospect might have been a better selection for Google , which has risk alienating other Android licensees with the acquisition of Motorola ’s competitive handset patronage . But Motorola made it clear that betray only its licenses would leave the remaining handset business concern too expose . Motorola CEO Sanjay Jha told Nikesh Arora , older frailty president and principal business military officer at Google , “ that it could be problematic for Motorola Mobility to continue as a support - alone entity if it sell a bombastic fate of its letters patent portfolio , ” according to the argument .

The prospect of Motorola adjudicate the lawsuits may have contributed to Google ’s determination to go on to increase the volunteer leverage Mary Leontyne Price . Google ’s initial crack was US$ 30 per parcel and the company finally agreed to $ 40 per share .

The proxy also point that the companies felt an urging to complete the deal . betimes on in the discussions , Google executive conveyed to Jha “ the importance of act as with speed and confidentiality , ” grant to the statement . Talks between the caller began in mid - July and they announced the deal a month later , on Aug. 15 .