Showing posts with label Nortel. Show all posts
Showing posts with label Nortel. Show all posts

Monday, 4 July 2011

Nortel: And the winner is…

Last Thursday Nortel announced the Winning Bidder of its Patent Portfolio for a Purchase Price of US$4.5 Billion (here)


As Nortel informs, “After a multi-day auction, a consortium emerged as the winning bidder with a cash purchase price of US$4.5 billion. The consortium consists of Apple, EMC, Ericsson, Microsoft, Research In Motion and Sony”.

George Riedel, Nortel’s Chief Strategy Officer and President of Business Units, claims that "the size and dollar value for this transaction is unprecedented, as was the significant interest in the portfolio among major companies around the world."

Living the figures aside (even if hard), I’m surprised to see Microsoft among the winners. Two weeks ago, we read (here):


“Microsoft didn’t bid on the patents. It didn’t have to, company officials said, as Microsoft had “worldwide, perpetual, royalty-free license to all of Nortel’s patents that covers all Microsoft products and services, resulting from the patent cross-license signed with Nortel in 2006.”


If that information was correct, when and why has Microsoft joined the bid?

Apart from that, I wonder how bad is for Google the result of the bid.

On April 4, 2011, Kent Walker, Google’s Senior Vice President & General Counsel referred to Google’s US$ 900 million bid in the following terms:

“one of a company’s best defenses against this kind of litigation is (ironically) to have a formidable patent portfolio, as this helps maintain your freedom to develop new products and services. Google is a relatively young company, and although we have a growing number of patents, many of our competitors have larger portfolios given their longer histories.” (here)


This means that Gogle has failed in obtaining a “formidable patent portfolio” to use against patent infringement claims. As we have seen, among those that will acquire Nortel’s Patent portfolio we find Microsoft who may then have more arguments in its “battle” against Google. Bear in mind that Microsoft filed action against Motorola for the use of Android (here).

More than ever, this Mobile wars seem like a chess game.

Friday, 24 June 2011

Oracle v Google (2)

Here's some interesting fresh news in this case. I read Wednesday in Groklaw:
“In the reexamination of U.S. Patent 6192476 the USPTO has issued an office action in which it rejects 17 of the patent's 21 claims. The specifics of the office action are set forth below in text form along with an updated reexamination history. While Oracle has asserted seven different patents in its claims against Google, if this reexamination is exemplary of what Oracle can expect in each of the other reexaminations, Oracle will have a hard time finding claims that it can successfully assert against Google, and there lies Oracles conundrum. Oracle either has to agree with the court's directive to limit the number of claims it will assert at trial, or it is likely the court will simply stay the trial until the reexaminations are complete.”

Early this month I made reference to the amount of damages that Oracle would be claiming in the action against Google (here). It seems to me that this reexamintaion could have an impact in the amount the Court will consider to grant (if any). What should Oracle do now?. Should Oracle modify their damages claim in order to show the impact and provide new figures?

Other questions may arise. 17 from 21 means 80% of the registered claims!. How many “void patent claims” are registered at the USPTO? How many court claims are in course based in “void patent claims”? How many injunctions have been granted based in “void patent claims”? How much money have plaintiffs obtained from “void patent claims” infringement? How much are defendants spending in “void court actions”?


I don’t know why but Nortel’s 6,000 patent portfolio immediately came to my mind. Google bided $ 900 million for that Portfolio. What if 80% of claims in these patents are also void?

Other questions regarding that bid may arise, reading:
Comments fro the AmeriKat on Google’s bid (here)
Reference in Reuters to Microsoft objection to Google’s bid
Yesterday's news regarding the US antitrust regulators giving Apple the green light to make a bid on Nortel’s portfolio (cnet)