By Norma Cerros, Attorney at law
On February 13, 2012, the Department of Justice’s Antitrust Division (the Division) announced its decision to close its investigations in connection with:
1. Google Inc.’s (Google) acquisition of 17,000 patents and 6,800 applications (including hundreds of standard essential patents (SEPs) relevant to wireless devices) from Motorola Mobility Holdings Inc. (Motorola);
2. the acquisitions by Apple Inc., Microsoft Corp. and Research in Motion Ltd. (RIM) of approximately 6,000 patents and patent applications including many SEPs relevant to wireless devices from Nortel Networks Corporation (Nortel); and
3. the acquisition by Apple of certain Novell Inc. patents.
As the Division has stated, “all three of the transactions highlight the complex intersection of intellectual property rights and antitrust law and the need to determine the correct balance between the rightful exercise of patent rights and a patent holder’s incentive and ability to harm competition through the anticompetitive use of those rights”.