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Was Google's Motorola Mobility Acquisition a Mistake?

Nerval's Lobster writes "Even before the Google acquisition, Motorola Mobility was engaged in a major legal battle with Microsoft, insisting that the latter needed to pay around $4 billion per year if it wanted to keep using Motorola's patents related to the H.264 video and 802.11 WiFi standards. (The patents in question affected the Xbox and other major Microsoft products.) Had that lawsuit succeeded as Motorola Mobility originally intended, it would have made Google a boatload of cash—but on April 25, a federal judge in Seattle ruled that Microsoft's royalty payments should total around $1.8 million per year. 'Based on Motorola's original demand of more than $4 billion per year from Microsoft,' patent expert Florian Mueller wrote in an April 26 posting on his FOSS Patents blog, 'it would have taken only about three years' worth of royalties for Microsoft to pay the $12.5 billion purchase price Google paid (in fact, way overpaid) for Motorola Mobility.' This latest courtroom defeat also throws into question the true worth of Motorola Mobility's patents. After all, if the best Google can earn from those patents is a few pennies-per-unit from its rivals' products, that may undermine the whole idea of paying $12.5 billion primarily for Motorola Mobility's intellectual-property portfolio.

113 of 189 comments (clear)

  1. Re:I thought it was all about Apple by noh8rz10 · · Score: 2
    ftfh:

    Was Google's Motorola Mobility Acquisition a Mistake?

    first answer:yes
    second answer:duh

  2. Everything was fine yesterday.... by ip_freely_2000 · · Score: 5, Insightful

    No one blinked an eye when Google paid what it did for Motorola. Now, one judge has brought out the critics and the second guessing. Unless you have a time machine, or can talk to every judge with a 'what-if', you can only do your due diligence. It's time to move on and look to the next problem, not rehash the past.

    1. Re:Everything was fine yesterday.... by zrelativity · · Score: 1

      I think a lot of people at the time of the purchase did raise that the price was too high. From other sources, who were also interested in the Motorola IP, the IP valuation I was hearing was ~$3B. Was the rest of Motorola worth $9B?

    2. Re:Everything was fine yesterday.... by bobaferret · · Score: 5, Interesting

      Something in this part makes me twitch... "patent expert Florian Mueller ". I don't know much about Florian except that he gets the word 'shill' used next to his name on occasion, I can't even remember why. Therefor I do apologize if I am mistaken if my mistrust is misplaced.

    3. Re:Everything was fine yesterday.... by Anonymous Coward · · Score: 1

      and this... 'it would have taken only about three years'

      so what? Now it will take 6? They also bought a working company that oh I dont know makes product and not patents?

      They make a phone OS. The motorola guys make phones. Seems like a good idea. They may have a helpful tip or two on what to do...

      Over the years I have used may Motorola phones. You take care of them they work pretty good. My next one will prob be a samsung...

      Sometimes things do not ROI on day one. Sometimes it takes a few years. Its called taking a risk.

    4. Re:Everything was fine yesterday.... by Anonymous Coward · · Score: 5, Informative

      Mainly because he is paid by Oracle and Maybe even Miscrosoft and is often biased in favour of his paying masters.

    5. Re:Everything was fine yesterday.... by drakaan · · Score: 2

      Not as bad as the judge in this case sucks at law. The discussion surrounding the appeal will be entertaining.

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    6. Re:Everything was fine yesterday.... by bobaferret · · Score: 1

      That's right.... I knew there was something about him that's makes whatever he says questionable. thanks

    7. Re:Everything was fine yesterday.... by icebike · · Score: 5, Insightful

      I think a lot of people at the time of the purchase did raise that the price was too high. From other sources, who were also interested in the Motorola IP, the IP valuation I was hearing was ~$3B. Was the rest of Motorola worth $9B?

      The article is one sided, only mentioning INCOME from this IP.
      It hardly addresses the defensive aspect of having this IP in their back pocket.

      Who knows how many billion dollar judgements Apple might have been able to extract for bounce back scrolling or whatever. Having one of you own patents cover what you do pretty much makes it impossible for Apple or some random patent troll (pardon the redundancy) to come after you, saving billions of dollars.

      Patents have value beyond JUST a revenue stream. In fact, only a Patent Troll would think of patents ONLY as a revenue stream. Which makes the whole article somewhat suspect.

      --
      Sig Battery depleted. Reverting to safe mode.
    8. Re:Everything was fine yesterday.... by icebike · · Score: 1

      They make a phone OS. The motorola guys make phones.

      The motorola guys also make a phone OS, and were doing so before android was a gleam in Andy Rubin's eye.

      Somewhere in the development of the original Razr which sold well over 130 Million units, there must be some IP and experience worth a few bucks even today.

      --
      Sig Battery depleted. Reverting to safe mode.
    9. Re:Everything was fine yesterday.... by OhSoLaMeow · · Score: 2

      I think a lot of people at the time of the purchase did raise that the price was too high. From other sources, who were also interested in the Motorola IP, the IP valuation I was hearing was ~$3B. Was the rest of Motorola worth $9B?

      That's been mitigated somewhat by selling a part of Motorola to the ARRIS Group for $2.2 billion in cash along with 10.6 million shares of its stock issued to Google. This is the "Motorola Home" group that makes cable set top boxes, etc.

      --
      They can take my LifeAlert pendant when they pry it from my cold dead fingers.
    10. Re:Everything was fine yesterday.... by DuckDodgers · · Score: 1

      It's my understanding that Google bought Motorola Mobility for the patent lawsuits Motorola Mobility was filing against other Android device manufacturers. Imagine if the Android manufacturers started waging patent wars against each other, on top of the Microsoft patent tax on Android.

      At that point, some of the manufacturers might decide paying $30 per device to license Windows Phone, writing your own mobile operating system, or abandoning the market completely might become more cost-effective than using Android.

    11. Re:Everything was fine yesterday.... by DuckDodgers · · Score: 1

      It depends on the phone, I have friends with great experience with Motorola products but my wife and a friend of mine had the Motorola Triumph, and after a few months the phone starts having hardware problems. And of course tech support is the typical nightmare.

      But the problem with Google buying a mobile device manufacturer is that it puts Google into conflict with everyone else making Android products. Now Google has to work extra hard to convince all of the other Android device manufacturers that they won't give Motorola the best products, the first access to new Android features, more input on Android development priorities, and so forth.

      Otherwise their Android partners will feel alienated, and are more likely to team up with Microsoft, HP, etc... or just write their own mobile operating system. (Lucky for the world, Microsoft's set Nokia on fire and has moved into conflict with is business partners even harder than Google by selling the Surface product line. That stops them from being a compelling alternative to Android for mobile device vendors.)

    12. Re:Everything was fine yesterday.... by amiga3D · · Score: 1

      I think the wheels are starting to come off the patent gravy train. As judges wise up to the technology and the issues over time they are starting to realize how screwed up these patents really are.

    13. Re:Everything was fine yesterday.... by poetmatt · · Score: 1

      Except there's no basis in facts here. The judge has done something no court has *EVER* done. They basically legislated what people do via normal bargaining.

      Don't expect this to hold water for even a second once it gets appealed. There's no basis for such a decision. I'd be willing to bet any amount of money on that.

      Meanwhile, we have an article from Florian Mueller about a flawed premise: Microsoft's competitors. What else is there to say when you're quoting a fraudulent man paid for by Microsoft? I would get more factual information from MS asking them their opinion of Google. At least that'd be honest.

    14. Re:Everything was fine yesterday.... by eric_herm · · Score: 1

      On the other hand, he has a very narrow view of the whole topic. There is more than patents in the life, like getting the engineering, sales, etc of Motorola. The buildings and factory are likely something that cost money.

    15. Re:Everything was fine yesterday.... by Belial6 · · Score: 1

      This is why I say that Google should set a market share target for Motorola. They should take something like 10% of the Android market, and set their price to hit that target. While doing that, they should make beyond top of the line phones. The idea being that every other manufacturer should be compared to how close they are to the Motorola phones. If Motorola starts taking more than their target share, they can raise their price, increasing profit margins. They make more money and their partners don't get scared off. If they start selling under their target, they lower the price and chalk the loss up to marketing.

      This would push the platform forward, keep partners from having to worry about Google cutting them out, and might even make them some large profits.

      That being said, they should continue with their Nexus program as well.

    16. Re:Everything was fine yesterday.... by squiggleslash · · Score: 5, Informative

      You're right, and yes, he's a shill.

      What makes this article particularly unpleasant is the deliberate misrepresentation of Google's reasons for buying Motorola. Google didn't buy Motorola to ensure it made a profit from patent royalties. It bought Motorola so it has a warchest of patents it can use if Android is attacked by a company like Nokia or Apple.

      Microsoft hasn't attacked Android - it's gone to Android phone manufacturers and negotiated patent royalties, yes, but those royalties haven't been excessive and have been comparable to the royalties paid normally by mobile phone makers for key technologies. It hasn't tried to prevent Android phones from being made, nor tried to gouge Android phone makers. So Microsoft's settlement with Motorola was never going to be particularly excessive.

      --
      You are not alone. This is not normal. None of this is normal.
    17. Re:Everything was fine yesterday.... by DuckDodgers · · Score: 1

      On first glance it's a reasonable idea, but I think it still hurts the partners. Selling the product that's perceived as the best in the segment, with a high price and high profits to match, is the market position every manufacturer wants to reach. So if Google grabs the juiciest 10% of the market, there will be 90% of the market available for everyone else but Google will own the segment everyone else wants for their own.

      I think the best thing Google can do is what they seem to have done so far - treat Motorola like an independent subsidiary without any preferential treatment.

    18. Re:Everything was fine yesterday.... by lordbeejee · · Score: 1

      Probably intentionally seen his agenda, being on Oracle's paylist I see why he wants to hurt google, FOSS and who knows who else.

    19. Re:Everything was fine yesterday.... by Belial6 · · Score: 1

      That it's if you think that the high end market is only 10%. It also rules out the possibility that Google might break even or lose money on those phones. Remember. The idea isn't to achieve the highest margins. It is to make the best phones irrelevant of margins, without taking over the whole market. To set a bar that other manufacturers will push towards. The highest margins are not always on the most expensive products.

    20. Re:Everything was fine yesterday.... by rsborg · · Score: 1

      ...pretty much makes it impossible for Apple or some random patent troll (pardon the redundancy) ...

      Yeah, you had to get that in there, but Apple is at least a practicing entity (ie, they sell stuff htat uses those patents. The worst are the NPE shell companies that sue you for infringement of their IP, but you can't sue them back becase they will simply close up shop and open another front... oh and they have no assets nor sell anything so you can't extract anything at all.

      --
      Make sure everyone's vote counts: Verified Voting
    21. Re:Everything was fine yesterday.... by kermidge · · Score: 1

      "The article is one sided, only mentioning INCOME from this IP.
      It hardly addresses the defensive aspect of having this IP in their back pocket."

      That's along the lines of what I thought then and now.

      Doesn't have to be the most bestest arrow in the quiver, just has to work at all. IIRC there are all kinds patents in the bundle; not only may some come in handy for future cases, and some only have to be useful to Google along the way, not just defensively if only by giving pause to future trolls and whatnot, but maybe aid them in building their own tech.

      Finally, tho it may be a stretch, Google might release some, whether they've derived direct benefit or no, simply to help the industry. And a side-think: if software patents were to vanish tomorrow and the USPTO published all, Google has a strong position such that I don't see them going away anytime soon. (For those with better memory, did Google hold no patents at all, only proprietary secret sauce, would their in-house dev (and acquisitions) still have given them a good vantage?)

    22. Re:Everything was fine yesterday.... by Paradise+Pete · · Score: 1

      And it's been anti-mitigated somewhat by Motorola losing huge chunks of money every quarter.

    23. Re:Everything was fine yesterday.... by the_B0fh · · Score: 1

      link?

    24. Re:Everything was fine yesterday.... by the_B0fh · · Score: 1

      His expertise is in this, so he writes about this. Are you going to tell me that I should tell my math professors there's more to life than just math?

      Seriously, you should also know that there's more to life than slashdot, and needing to respond aimlessly.

    25. Re:Everything was fine yesterday.... by DuckDodgers · · Score: 1

      Not always, but look at Apple - immensely profitable, and huge margins on expensive products.

    26. Re:Everything was fine yesterday.... by Belial6 · · Score: 1

      True, but Apple will gobble up everything they can. They also forgo features as cost savings measures. My suggestion is that Google make the baddest of bad ass phones. Even if that mean taking a loss on the hardware. And then limiting there sales to 10 percent of the market. This is very different than what Apple is doing.

  3. Stopped reading at Florian by h4rr4r · · Score: 5, Insightful

    I stopped reading when I saw the name Florian.

    He is a professional Troll, STOP POSTING HIS STUPID BULLSHIT!

    1. Re:Stopped reading at Florian by Anonymous Coward · · Score: 1

      Seriously Slashdot editors. This guy is a paid troll. It's been proven on Slashdot repeatedly. PLEASE STOP POSTING HIS BLOG.

      Between this and Timothy's Quirky piece I am definitely leaving. (Yes yes I realize I'm an anonymous reader, have been for 10 years. Privacy/anonymity is a good thing right?)

    2. Re:Stopped reading at Florian by DickBreath · · Score: 5, Insightful

      Florian Microsoft is a paided shill. Don't quote him. He has a considerable record of being wrong. See Groklaw.

      --

      I'll see your senator, and I'll raise you two judges.
    3. Re:Stopped reading at Florian by interkin3tic · · Score: 1

      I think the most annoying thing about Florian is the knowledge that someone actually pays money for this behavior. I guess the point is to try to decrease the value of googles stock and... what exactly? Then they'll go out of business leaving MS, oracle, amazon, and apple to split up the territory?

      It's fucking absurd. Whoever is wasting money funding this guy should give it to me. For half of whatever they're paying him, I'll buy a windows phone. That seems like a much better return on their investment.

    4. Re:Stopped reading at Florian by Pope · · Score: 1

      Bathroom graffiti is better than LifeHacker.

      --
      It doesn't mean much now, it's built for the future.
    5. Re:Stopped reading at Florian by Anonymous Coward · · Score: 3, Insightful

      I can think of one major difference: The way the names work with their bias.

      Groklaw doesn't give any wrong impressions. It doesn't necessarily leave a lot of impressions about any specific topic they're going to cover.

      FOSS Patents gives an impression that it would be in favor of FOSS, if you've never heard of it before. More often than not, the articles all support proprietary patent use and put down FOSS left and right.

      So, yeah. Right there, I'm a little biased to like Groklaw over FOSS Patents, because at least Groklaw's name isn't annoyingly deceptive.

      (Not DickBreath)

    6. Re:Stopped reading at Florian by crizh · · Score: 1

      That was a bold statement.

      Evidence?

      --
      Trust The Computer, The Computer is your friend.
    7. Re:Stopped reading at Florian by dubdays · · Score: 1

      THIS. Why does this guy seem to end up as an "expert" in so many of these patent-related articles? The guy's an idiot and has been downright wrong so many times it's laughable. /., please let us filter out any articles with the word "Florian" in it. It would at least give me back a few minutes of my life every month.

    8. Re:Stopped reading at Florian by DickBreath · · Score: 5, Informative

      Do you have any evidence of that? That false accusation has been spouted for years by SCO shills.

      Groklaw is archived by the Library of Congress. That's quite a privilege and compliment. Groklaw has won numerous industry awards.

      Years ago, in court filings, IBM expressly disclaimed any connection with Groklaw. If SCO, or anyone for that matter, had any evidence of this, it would definitely have been pointed out to the court that IBM was making false statements.

      --

      I'll see your senator, and I'll raise you two judges.
    9. Re:Stopped reading at Florian by ebno-10db · · Score: 5, Informative
      It gets worse, the submitter is "Nerval's Lobster", and as a reader wrote the other day:

      [Nerval's Lobster] is a "Senior Editor at Slashdot," Nick Kolakowski [slashdot.org] (Twitter [twitter.com], Literary Gun For Hire [nickkolakowski.com]), who writes articles for Slashdot (and other places [huffingtonpost.com]) and apparently submits them under the guise of a "user" named Nerval's Lobster. Nerval's Lobster's submissions are "accepted" by the editors nearly every day, and always link to Slashdot's "Business Intelligence" or "Cloud" content... effectively passing off paid content as normal, user-submitted content.

      The full post (very interesting) is here.

    10. Re:Stopped reading at Florian by Attila+Dimedici · · Score: 4, Insightful

      Others have challenged your claim that Groklaw is paid for by IBM, but even if it is, I can think of one important difference between Groklaw and Florian Mueller, Groklaw is often right.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    11. Re:Stopped reading at Florian by poetmatt · · Score: 1

      gawker blogs are the same amount of garbage they have ever been. That hasn't changed.

    12. Re:Stopped reading at Florian by poetmatt · · Score: 1

      I wouldn't worry too long. With the amounts of money MS is losing (and the evidence they build against themselves for antitrust), they won't last very long at this rate, with investigations underway. Continuing to push for patent settlements at the same time as antitrust investigations into patent trolling is probably the worst decision to possibly make.

    13. Re:Stopped reading at Florian by painandgreed · · Score: 1

      I stopped reading when I saw the name Florian.

      He is a professional Troll, STOP POSTING HIS STUPID BULLSHIT!

      And he's not even a good troll. What ever happened to Dvorak? That was some classic tech click trolling!

    14. Re:Stopped reading at Florian by blackdragon07 · · Score: 1

      Love it! I have been reading Groklaw for the past years years almost, and whenever i see FOSSPatents as a source i get the sudden need to find a trash can...LOL but in all reality /. please stop posting anything he is part of. He sang the doom of Google and Android during the Oracle case and was wrong, he is singing the doom of Motorola, yet this case is far from over! The judge screwed up here, and this is why i think that. After reading Groklaw and some of the documents it seems like they are trying to make Motorola's standard essential patents worth less because this is all happening in Micro$ofts back yard and because Micro$oft thinks all essential patents should be in a pool. Unless they belong to them then its okay to gouge the hell out of someone.... just my 2 cents....

    15. Re:Stopped reading at Florian by poetmatt · · Score: 1

      maybe you should look at their marketshare.

      it's easy to shuffle numbers to show a profit, it's not easy to shuffle numbers for marketshare.

  4. No. by HaeMaker · · Score: 5, Insightful

    How many lawsuits have been avoided because Google now has a formidable patent portfolio. Was the money spent on a nuclear arsenal wasted because there was no actual nuclear war?

    1. Re:No. by darkain · · Score: 5, Insightful

      Exactly. The portfolio isn't about MAKING money. It is about PREVENTING THE LOSS OF MONEY.

      http://en.wikipedia.org/wiki/Risk_management

    2. Re:No. by DickBreath · · Score: 5, Insightful

      Lots of mostly junk patents can be successfully used to extort money, or even ban competitors products from the market.

      Bouncy scrolling. Rectangles with rounded corners. Slide to unlock. Etc. Obviously these patents must be worth a mint, while Motorola's patents on actual underlying technology, developed by engineers in a lab, are worth little.

      --

      I'll see your senator, and I'll raise you two judges.
    3. Re:No. by Anonymous Coward · · Score: 2, Funny

      Well, at 12.5 Billion dollars, they just failed miserably at preventing the loss of money.

    4. Re:No. by alen · · Score: 1

      no, it was extortion

      Moto was threatening to sue other android phone makers unless google coughed up the cash. that's why the former CEO left as soon as the sale completed.

      in the end most of Moto's patents are FRAND. the kind where they declare them to different standards organizations and agree to tiny royalties for whoever asks
      the others are easy to get around

    5. Re:No. by Solandri · · Score: 5, Informative

      I would actually chalk this up as a Google win (while simultaneously being a Motorola loss). The reason Motorola was seeking $4 billion was because they were asking a flat 2.25% of the [i]device price[/i]. Products like the Xbox use H.264 as a small subset of their total features, but the norm in the industry seems to be that patent royalties are based on the total device price. This paper on patent royalty rates in the cellular industry puts the total royalty burden of a GSM handset at 10%-40% of the device price.

      The judge here decided that, for FRAND patents at least, basing the percentage off the device price was silly, and reduced it accordingly. Arguably that's a much more sane way to do it, considering that devices are becoming more and more multifunctional. Motorola still gets 2.25%, just of the part of the Xbox which uses H.264 instead of the entire Xbox price. If that becomes the norm in the industry, that would be much better for Google and anyone actually making stuff. The losers would be patent trolls and companies which make most of their money licensing their patents instead of building products which use them.

      The only issue that remains is the discrepancy between FRAND and regular patents. This decision only covered FRAND patents. If FRAND patent royalties get reduced to a percentage of specific features, while regular patent royalties remain a percentage of the device price, then we will have the backwards situation where a patent on bouncy scrolling and rounded rectangles is worth more than a technical H.264 patent. But that should sort itself out in a few years. If regular patents become worth more than FRAND patents, nobody in their right mind will submit their patent for FRAND anymore and there will be compatibility chaos in all industries. Either regular patents will be reduced to a percentage of specific features as well, or this judge's decision will be overturned and FRAND royalties will return to a percentage of the device price.

    6. Re:No. by DickBreath · · Score: 1

      That is an excellent point. That sword cuts both ways.

      So Google (or anyone, eg Samsung, etc) could point to this decision as precedent that an Android phone should only be charged some small percent of the part of the device that does the bouncy scrolling, based on how much money the bouncy scrolling feature earns of the overall device price. (Basically not much.)

      --

      I'll see your senator, and I'll raise you two judges.
    7. Re:No. by poetmatt · · Score: 1

      maybe you should see how often they win lawsuits, and how they are making money hand over fist quarter over quarter. Google doesn't mess around.

      Let me tell you who isn't doing any of the above (as in success):

      the entire group that is colluding against google, aka oracle/ms/apple, among others.

      You can almost pinpoint their exact downfall to the moments with which they declared google an enemy and stopped investing in new technologies.

    8. Re:No. by poetmatt · · Score: 1

      proof/cite from a valid and honest website?

      I've never heard of moto threatening to sue their competitors.

    9. Re:No. by poetmatt · · Score: 1

      lol. record quarterly profits?

      reality disagrees with you. http://online.wsj.com/article/BT-CO-20130124-717358.html

  5. obvious... by Anonymous Coward · · Score: 1

    Seattle judge, Microsoft is located in Redmond near ... (hint 15.3 miles away)

  6. a Mistake? by fustakrakich · · Score: 1

    I sincerely hope it turns out to be a big one. Gotta take the profit out of speculation somehow.

    --
    “He’s not deformed, he’s just drunk!”
  7. Florian Mueller is like a Microsoft PR guy by Sushubh8082 · · Score: 5, Interesting

    You do not take his words seriously. Google has bigger plans for Motorola. Some of which we would see later this year. They need Motorola for a possible situation where Samsung forks Android away. Patents are a big part of the deal but I doubt Google thought that they would recover their investments through royalties. Loads of people said acquiring YouTube was a mistake. Just give it a year or two. Microsoft paid 7 billion dollars for Skype. Around the same for aQuantive which they now admit was a bad move! Google paid same for Motorola Mobility and I am sure it is worth much more (IP and assets).

    1. Re:Florian Mueller is like a Microsoft PR guy by steelfood · · Score: 1

      Google's purchases tend to be investments. Youtube, Android, Doubleclick, etc. all took years to develop into a viable product and bring in real returns. There's no reason to expect Motorola's going to be any different. If I were a betting person, I'd put money on something coming out of this purchase in two or so years.

      Microsoft made several such smart purchases in the past as well. Not so much recently though.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
  8. Idiots by geekoid · · Score: 1

    There is a lot more going on at Motorola Mobility then that lawsuit.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:Idiots by larry+bagina · · Score: 2

      Do you mean the layoffs, more layoffs, and $250 million a quarter in losses?

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    2. Re:Idiots by steveg · · Score: 1

      Frankly, I wish that were true.

      My Bionic just upgraded to Jelly Bean, after upgrading to ICS just a few months ago.

      I want Gingerbread back. It was faster and more responsive.

      In any case, my 18 month old Motorola phone just got a major upgrade (less than a week ago.) So I call BS.

      --
      Ignorance killed the cat. Curiosity was framed.
    3. Re:Idiots by Anonymous Coward · · Score: 1

      Actually, the layoffs are quite important. Its never easy to cut people, unless they're begging to be cut. When Mobility was part of the prebreakup Motorola, it was used as dumping ground of employees not quite good enough for the other divisions. Prior to the google takeover, Google had its observers in each working group. They were kind of in shock over the lack of talent... Senior engineers that couldn't do CS 101 programs. Forget Google style interview questions, they couldn't have gotten past Mc Donald's rigorous competency standards.

  9. Re:I thought it was all about Apple by DickBreath · · Score: 4, Insightful

    It was all about patent defense from trolls like Microsoft, Apple, Oracle and others. Google bought Motorola for one porpoise: using its patent portfolio defensively.



    New, bright and shiny, fish and clean -- all porpoise cleaner!

    --

    I'll see your senator, and I'll raise you two judges.
  10. Re:I thought it was all about Apple by game+kid · · Score: 1

    first answer:yes
    second answer:duh

    Yes, it is indeed another shining example of Betteridge's law in action.

    --
    You can hold down the "B" button for continuous firing.
  11. Beside the point. by OmniGeek · · Score: 5, Interesting

    Two important things are missed here:
    1) Google mainly bought the patent portfolio for defensive purposes, not as revenue engines in themselves. The point of the suit is that MS wants to use the patents without paying for them. It's basically a move in the MS-vs-Android war.
    2) The judgement doesn't pass the smell test. Read the articles over at Groklaw for the details, but the judge here is ruling that Motorola must accept patent pool rates for a pool they don't belong to, rather than negotiate rates using the methods of the group they are a member of. The whole proceeding has been slanted toward the home team (MS) the judgment seems to be very much an overreach, and probably won't survive appeal.

    --

    "My strength is as the strength of ten men, for I am wired to the eyeballs on espresso."
    1. Re:Beside the point. by larry+bagina · · Score: 1

      Google is a member of MPEG-LA. As part of that, they agreed to put their patents in the MPEG-LA pool. When Google bought Motorola, those patents went in the pool.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    2. Re:Beside the point. by Anonymous Coward · · Score: 1

      That was MS theory yes, Judge did not agree though.

    3. Re:Beside the point. by Anonymous Coward · · Score: 1

      Nope, and frankly MS didn't even make that case, or it's not mentioned in the summary and judgement. Besides this case started prior to that acquisition anyway.
         

    4. Re:Beside the point. by blackdragon07 · · Score: 1

      Depends on what is in the legal doc's. I find it hard to believe that they will automatically add someones patents to a pool after they are part of one for a cretin set of patents. Because then all of Microsoft's patents would be in that pool and yet i don't think they are. I don't know how all that works just throwing something out there...

    5. Re:Beside the point. by jonwil · · Score: 1

      One big reason for Google to be interested in Motorola is that, at the time Google bought them, Motorola was making a LOT of noise about using its patent portfolio to go against not just Microsoft and Apple but other Android vendors as well. Which would have hurt Android and hurt Google.

      Buying Motorola allowed Google to end that threat.

  12. Unfortunately... by lord_mike · · Score: 1

    Hardware patents which require actual innovation, research, and significant funding aren't worth very much. Software patents, which seem to often be pulled out of one's behind without much thought, are worth billions of dollars and are strong enough to shut other companies down. Hardware patents? Pennies and no leverage against infringers. What a joke this patent system is. True innovation is left essentially unprotected, whereas trivial, obvious "inventions" get massive, industry crushing protection.

  13. Aw shucks... by almitydave · · Score: 1

    Google/Motorola Mobility might actually have to manufacture and sell a product to justify their capital expenditure! The horrors!

    Also, I agree with posters above, I thought the patent portfolio aspect of the deal was a defensive one.

    --
    my, your, his/her/its, our, your, their
    I'm, you're, he's/she's/it's, we're, you're, they're
  14. Re:I thought it was all about Apple by noh8rz10 · · Score: 5, Funny

    Google bought Motorola for one porpoise: using its patent portfolio defensively.

    baha if that was their goal then they should have bought a whale or penguin instead!

  15. The logic is quite good by howardd21 · · Score: 1

    How can payments over a three year period on the patents alone, from one infringer no less, be worth more than the company was valued? We need more judges like these that just use common sense.

    --
    no comment
  16. Was reading Slashdot a mistake? by perrin · · Score: 5, Informative

    I've been following this site since before it had user accounts. It has really been a downhill ride in recent years. It is more and more just about click-whoring.

    This article is a case in point. Slashdot editors must know by now that Florian Mueller is a professional troll who is paid to spew FUD about his clients' enemies in the media. That the editors do not care, since FUD articles apparently are click magnets, just makes me feel nauseous about coming back here.

    There are so many more intelligent commentaries about this ruling that could have been posted instead.

    1. Re:Was reading Slashdot a mistake? by zlives · · Score: 1

      catering to the masses, because success is measured by numbers alone.
      click, the new sound of money.

    2. Re:Was reading Slashdot a mistake? by oodaloop · · Score: 1

      I think you're completely wrong. It makes you feel nauseated.

      --
      Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
    3. Re:Was reading Slashdot a mistake? by guttentag · · Score: 3

      Just yesterday I pointed out that Nerval's Lobster (the submitter of this story) is actually a guise for a certain Slashdot "editor" to post his own "Business Intelligence" pieces as user-submitted paid content. This story also follows the pattern. Anything posted by Nerval's Lobster should be treated as a slashvertisement.

  17. If anyone can do that, it's Google by Azure+Flash · · Score: 1

    Sergei: "Uhh, Larry?"
    Larry: "Yes, Sergei?"
    Sergei: "I, umm... I misclicked."
    Larry: "On what?"
    Sergei: "Motorola. I was browsing Corpazon and I accidentally clicked the 1-Click Buy button for Motorola."
    Larry: "How much is that?"
    Sergei: "12.5 bils..."
    Larry: "Meh, just keep it. Not worth the bother to cancel that."
    Sergei: "Alright... I guess we might be able to use them for some of our Android stuff."
    *Larry shrugged*

  18. Epic fail by Anonymous Coward · · Score: 5, Insightful

    Quoting Florean Mueller that is.

  19. Re:I thought it was all about Apple by homey+of+my+owney · · Score: 1

    Ummm, then the answer should be no. Betteridge's Law

  20. Re:I thought it was all about Apple by NatasRevol · · Score: 1

    It might have been cheaper to sue everyone.

    --
    There are two types of people in the world: Those who crave closure
  21. Re:I thought it was all about Apple by Anonymous Coward · · Score: 4, Interesting

    Reading comments from the executives of Google, that doesn't seem to be the case. It was a big part of the reason that they bought Motorola, but not the "one porpoise" (I didn't know Google would have bought another company for a sea animal with such a weird name as "using its patent portfolio defensively").

    Google has been saying they're also just interested in being in the hardware business, and they see Motorola as one means to that end (from the looks of it, not the only). It looks like they're achieving their goal of breaking into hardware more via Motorola, even if they haven't made it profitable. Still probably cheaper than if they had started the whole thing from scratch. And Motorola hardware has a name for itself--whether that's good or bad to different people, it's still a name (personally, I love Motorola hardware and just happened to hate their software enough to not care about the hardware--it looks like Google's influence over the software might be fixing that issue in the future; others, of course, feel differently than I do). Google doesn't have a name for itself in direct hardware at all (aside from the Nexus line, which still isn't much of a name at all compared to practically everyone else in those fields), and they don't have to build that name because they got Motorola's name.

    The whole purchase of Motorola makes more sense when you take the whole breaking into hardware aspect into account. It just has to be seen whether Motorola can actually make Google any money still.

  22. Was quoting Florian Mueller a Mistake? by andydread · · Score: 2

    It seems this submission is garbage.

  23. Don't forget about the tax benefits (NOLs) by Anonymous Coward · · Score: 1

    By acquiring a company with huge net operating losses, Google is expected to reap $700 million a year in tax deductions from future profits each year through 2019. Google also will be able to immediately reduce its taxes by $1 billion due to Motorola Mobility's U.S. net operating loss, and by a further $700 million due to its foreign operating loss,

    Source:

    http://www.reuters.com/article/2011/08/31/us-motorolamobility-google-tax-idUSTRE77U1QX20110831

  24. Re:I thought it was all about Apple by Cinder6 · · Score: 1

    Unless I'm misunderstanding how lawsuits work, it seems to me that if Google's one purpose for purchasing Motorola Mobility was for defensive reasons, they would have halted the lawsuit against Microsoft after assuming control of MM.

    --
    If you can't convince them, convict them.
  25. Re:I thought it was all about Apple by JMJimmy · · Score: 1

    I disagree. With this one judgement it's a 7 year repayment term and when evaluating a company you generally look at it's 15 year P/E so they're doing pretty well I would say.

  26. Misatake? Probably not by Dracos · · Score: 1

    Google now has a handset maker in house, which gives them certain advantages in the mobile market beyond the patent portfolio.

    Google's acquisition of Motorola Mobility is certainly more honest than Microsoft's ongoing stealth assimilation of Nokia.

    1. Re:Misatake? Probably not by mlts · · Score: 1

      There is always the Armageddon option. Say Windows Phone 9 becomes such a best seller that everyone (ZTE, Huawei, the people who make Blu phones, and Samsung) join the bandwagon. Android will still have a future and a guarenteed roadmap.

      For consumers who just want the coolest thing, this isn't a big deal. However, for the enterprise where they want to know that a device investment won't result in useless items, this is important. Android developers are also assured that there is a future for the OS, no matter what the whims are for the hardware makers.

      The key to success or fail are the app makers. This is why even though Windows Phone 8 has a lot of solid features, it is lagging behind. Chicken and egg scenario.

    2. Re:Misatake? Probably not by TheSkepticalOptimist · · Score: 1

      You would think, however Nexus 4 was an epic fail in delivery leaving a lot of frustration from consumers. Also why Google branded an LG/Samsung phone for Nexus and has not yet branded a Motorola phone for Nexus is beyond me, there isn't even a rumor that its in the works.

      I don't think Google knows what to do with Motorola.

      --
      I haven't thought of anything clever to put here, but then again most of you haven't either.
  27. If so, so what? by Improv · · Score: 1

    If you're buying a company because you expect it to win big in IP lawsuits, you're doing a bad thing.

    --
    For every problem, there is at least one solution that is simple, neat, and wrong.
  28. Re:I thought it was all about Apple by noh8rz10 · · Score: 4, Insightful

    order of magnitude fail. aquisition was $12 billion, while the ruling has an annual value of $1.8 million. "Doh!" said eric schmidt.

  29. Re:I thought it was all about Apple by BigBunion · · Score: 2

    You missed a few digits there. Google is getting 1.8 million (with an m) per year. They paid 12.5 billion (with a b) for Motorola. That puts the payback period at 7,000 years, which methinks is a little long.

  30. Re:I thought it was all about Apple by mlts · · Score: 4, Interesting

    I wouldn't call MS a patent troll, as they have a number of valid patents, and are willing to license for a reasonable fee.

    Apple is not a troll either, but (IMHO), they seem to be all about scorched-earth tactics, so it is either the patent courts, or a bankruptcy court. Had they done like MS and said "we have patents and will sue to defend against them... but for $3/device, we will show you our patent portfolio, you take your pick, and we wish you the best", there would be a lot more innovation in the field. I'd probably go out on a limb and say that the residuals earned from Apple licensing in this manner would help their stock value, as it is money coming in even if they don't bother introducing an iPhone 5s or 6 this year.

    Also, Motorola isn't just deadweight. They actually are the only phone maker which has file based encryption for SD cards. Yes, 4.0 and newer encrypt the /data partition with dm-crypt, and a lot of devices don't use a SD card, but there are some (the Samsung Galaxy S4) that have a good amount of onboard storage and a MicroSD card slot... and the data on the SD card needs some protection, even if it is using an EncFS-like filesystem which is on a file level (as opposed to filesystem/image like dm-crypt or LUKS.)

    Motorola devices also have very good radios. I have a number of different brands of Android phones, and in general, Motorola's reception tends to be a notch above everyone else, and on par with whatever iPhone I am using.

    Of course, there are killed technologies, such as the ability to attach a keyboard and monitor to an Atrix or Atrix 2, that would come in handy big time, especially with Citrix or other remote screen software.

    Motorola has a lot of cool stuff... I just hope Google can get them off the encrypted bootloader kick. The locked bootloaders is the only reason I don't darken Moto's door when I look for a new Android phone.

  31. Re:I thought it was all about Apple by the_B0fh · · Score: 1

    Do you understand what the definition of a patent troll is...?

  32. Re:I thought it was all about Apple by the_B0fh · · Score: 1

    You do understand that Apple offered that to Samsung, and Samsung basically said FOAD?

  33. Not a mistake by BLToday · · Score: 1

    At least, not a mistake for Motorola shareholders. They made out like a bandit on that deal.

  34. you forgot - it was all about florian by poetmatt · · Score: 4, Insightful

    This is a Florian Mueller article. It has no merit, no validity, and should be taken with the same grain of salt you'd take one of those folks who said the world would end in 12-12-2012.

    1. Re:you forgot - it was all about florian by number11 · · Score: 4, Informative

      This is a Florian Mueller article. It has no merit, no validity, and should be taken with the same grain of salt you'd take one of those folks who said the world would end in 12-12-2012.

      Yeah, that was my initial response, "isn't "patent expert Florian Mueller" an oxymoron? IIRC that's the guy who claimed the GPL was a "source of infection", and Oracle was going to clean Google's clock. Over at groklaw that name tends to be associated with phrases such as "self-described patent expert" and "on Microsoft's payroll". He was also on Oracle's payroll.

    2. Re:you forgot - it was all about florian by poetmatt · · Score: 1

      he was the one who said SCO owns linux. he's the same one who's not only on Oracle's payroll, but on MS's as well.

  35. Valuation by airfabio · · Score: 1

    For $12.5B you get:

    $3.2 in cash
    $2.35 billion from Motorola Home sale
    $1B billion in real estate
    some deferred tax assets.
    patents

    Looks like a far better deal than Apple and Microsoft got for $4.5 billion in Nortel patent purchase.

  36. I don't think by kilodelta · · Score: 1

    It was the royalties per se, but to protect the Android environment. If Apple had it's way they'd LOVE to kill Android. But they can't because Google hold mobile patents that could end Apple's iPhone and IOS product.

  37. Living quarter-to-quarter by tepples · · Score: 1

    when evaluating a company you generally look at it's 15 year P/E

    Then where did the meme come from that companies are so interested in making the next quarter look good at the expense of future years?

  38. Re:I thought it was all about Apple by davester666 · · Score: 1

    Then they phrased the question wrong!

    --
    Sleep your way to a whiter smile...date a dentist!
  39. Re:I thought it was all about Apple by Anonymous Coward · · Score: 1

    MS licenses at a reasonable fee? Like $10 per Android device? But refuses to pay RAND and other patents at $2 per device. Microsoft isn't even close to reasonable.

  40. Re:I thought it was all about Apple by davester666 · · Score: 1

    Hello, $12.0 billion writedown!

    --
    Sleep your way to a whiter smile...date a dentist!
  41. MS show themselves to be hypocrites, again by daboochmeister · · Score: 1

    Out of one side of their mouth they argue that Moto's couple of dollars/device is a totally outrageous licensing fee, given the % of a said device's capability relies on the patents involved (as if being able to play video and do wireless hardly matters to an Xbox) ... and out of the other side, negotiate - only under NDA, of course, because darkness fears the light - for on the order of $15 patent licensing fee for each Android devices, for what the temporarily-courageous Barnes & Noble leadership showed to be be patents that covered a ludicrously small part of said device's capability.

    --
    "Ahh! I see you're in that indeterminate Schrodinger state where - oh, uh ... never mind." Dave Bucci
  42. Re:I thought it was all about Apple by Anonymous Coward · · Score: 1

    The FAT extended file names one is BS though, and that makes them a ton of money because no one will want to get into a legal fight with a corp that basically has bottomless pockets.

  43. Worth of Googles patent portfolio .. by dgharmon · · Score: 1

    "if the best Google can earn from those patents is a few pennies-per-unit from its rivals' products, that may undermine the whole idea of paying $12.5 billion primarily for Motorola Mobility's intellectual-property portfolio".

    In this day-and-age patent portfolios are bought so as to protect you from getting extorted by the other fella, as such it was a good buy.

    --
    AccountKiller
  44. Re:I thought it was all about Apple by JMJimmy · · Score: 1

    Doh! Indeed. Thank you for the correction - misread it.

  45. Re:I thought it was all about Apple by nazsco · · Score: 1

    Sure it was.

    - let's buy some crap for 12bi so we don't have to pay a couple billions in patent licenses.

    It was because they wanted this money and they lost. They literally gambled with company money.

  46. Put a cap on market capitalization by NewYork · · Score: 1

    Put a cap on market capitalization of Google to prevent these scams

  47. Judging by these figures... by StephanieK · · Score: 1