U.S. International Trade Commission Judge Theodore Essex denied the search engine giant’s motion to block Dr. Robert Stevenson, an Android expert working with Microsoft from giving testimony in the Microsoft-Motorola patent case.
As per the rules of the case, Google was first supposed to attempt to resolve the matter with Microsoft. Google claimed that one of its lawyers e-mailed a Microsoft attorney on the matter but did not receive any reply and consequently filed the motions for sanction on August 10. The motions claimed that Microsoft violated a confidentiality order when it disclosed Google code to Dr. Stevenson without informing Google.
Stevenson is thought to have seen “highly propriety” Android source code that Google “does not even share with its partners, such as Motorola.” In its motion, Google argues that it must keep Microsoft from “gaining advantage” from this source code.
Yet, Judge Essex was not convinced. “The ALJ finds no basis to discern from Google’s statement whether it made a reasonable, good-faith effort to resolve the matter with Microsoft. Google failed to attach the e-mail from its lawyer to its motion and we are unclear whether Google even notified Microsoft of its intention to file the instant motion,” he wrote in his ruling.
Essex also pointed out that only parties to a complaint, in this case Microsoft and Motorola, are allowed to file a motion for sanctions. “Google has not set forth any legal support for the proposition that a non-party may move for sanctions.”
This implies that Stevenson will be able to testify at the upcoming hearing in the matter of dispute between Microsoft and Motorola.
Patent activist and analyst Florian Mueller is of the view that Google’s attempt to block Stevenson was no more than a speed bump in the case, which he believes is potentially harmful to Android should Microsoft win. In an interview last week, Mueller said, “I think Google is extremely afraid of the outcome of this particular ITC investigation. If this investigation finds that Motorola, and in fact, all Android devices infringe various valid Microsoft patents, all of Google’s hardware partners will have to pay royalties to Microsoft.
In October, 2010 Microsoft filed a complaint with the International Trade Commission, when it charged Motorola with violating several Microsoft patents in Motorola devices powered by Google’s Android operating system.
On Monday, Google announced its plans to acquire Motorola for $ 12.5 billion. Analysts are of the opinion that Google’s need for a wider patent portfolio, necessary to deter further infringement claims against Android by the likes of Microsoft and Apple, prompted the purchase and the high price.
However, things do not seem to be moving smoothly for Google and Motorola. John Keating, an investor and shareholder in the Illinois-based Motorola Mobility Inc., has protested against the merger and filed a lawsuit demanding the acquisition by Google be stopped on the ground that Google is giving large profits to the board members while shareholders will not fully benefit from the deal.