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Judge denies Rockstar's request to move trial against Google to Texas

Judge denies Rockstar's request to move trial against Google to Texas
The patent trial sequel against Samsung isn't Apple's only appearance in a courtroom at the moment. With the festivities in San Jose on hiatus until today, Thursday saw a ruling in another case involving Apple. The Rockstar consortium is a group of companies including Apple, that owns a bunch of intellectual property purchased from Nortel in 2011. The group requested that its current patent trial against Google and seven Android handset manufacturers (Asustek, HTC, Huawei, LG Electronics, Pantech, Samsung and ZTE), be moved to Texas. The state is considered "friendly" to patent owners. On Thursday, Rockstar had its request denied by U.S. District Court Judge Claudia Wilken.

Rockstar purchased the patents from Nortel in 2011 for $4.5 billion, with Apple tossing in $2.6 billion of that amount. In the process of purchasing the patents, the consortium out bid Google. Besides Apple, the group consists of well-known tech names such as Microsoft, Blackberry, Sony and Ericsson. The suit was filed in Texas last year. Google subsequently filed a countersuit and asked Judge Wilken to rule that it had not infringed on the patents at issue in the Texas filing. Google did this in an attempt to move the case to Northern California. The latter region is seen as more friendly to Google because it has its headquarters there.

"Google and Apple’s rivalry in the smartphone industry is well-documented. Apple’s founder stated that he viewed Android as a "rip off" of iPhone features and intended to "destroy" Android by launching a "thermonuclear war." Defendants' litigation strategy of suing Google customers is consistent with Apple's particular business interest... This 'scare the customer and run' tactic advances Apple’s interest in interfering with Google’s Android business."-Judge Claudia Wilken

Rockstar attempted to get the case moved to Texas by claiming that it had a co-plaintiff called MobileStar, which had an office in Texas. But Judge Wilken wasn't biting, noting that Rockstar had created MobileStar the day before it started suing the seven Android manufacturers. She ruled that MobileStar was not a separate and distinct company from Rockstar.

"[T]he circumstances here strongly suggest that Rockstar formed MobileStar as a sham entity for the sole purpose of avoiding jurisdiction in all other fora except MobileStar’s state of incorporation (Delaware) and claimed principal place of business (Texas). A mere day before it initiated litigation against Google’s customers, Rockstar freshly minted MobileStar, with no California contacts, and assigned the asserted patents to that subsidiary."-Judge Claudia Wilken

You can read the entire ruling from the judge, below.



source: Scribd, ArsTechnica via AppleInsider, Reuters

17 Comments
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posted on 18 Apr 2014, 01:47 3

1. Droid_X_Doug (Posts: 5918; Member since: 22 Dec 2010)


That was expected. Rockstar filed in Norcal, and now they want to move venue? You file where you feel venue is most appropriate.

posted on 18 Apr 2014, 02:02 7

2. Anshulonweb (Posts: 346; Member since: 07 Feb 2014)


first I thought it was Rockstar company that made gta.....

posted on 18 Apr 2014, 11:06

10. Ishmeet (Posts: 111; Member since: 16 Sep 2013)


Same here, until I read the articles thoroughly

posted on 18 Apr 2014, 03:08 4

3. StraightEdgeNexus (Posts: 3580; Member since: 14 Feb 2014)


Somebody just kill this Rockstar company. It doesnt even deserve to be called as a company as it doesnt do anything other than being a patent troll.

posted on 18 Apr 2014, 05:56

6. express77 (unregistered)


It makes gta. But yes, this company is a big patent troll.

posted on 18 Apr 2014, 06:36 6

8. StraightEdgeNexus (Posts: 3580; Member since: 14 Feb 2014)


No this isnt that gta rockstar which rocks. This one is just a patent troll rockstar which sucks.

posted on 18 Apr 2014, 12:55 2

14. Finalflash (Posts: 1872; Member since: 23 Jul 2013)


Lol it doesn't make anything, it's a patent troll created exclusively by MS and Apple to do their bidding without their name attached to it publicly.

posted on 18 Apr 2014, 03:25 1

4. mturby (Posts: 269; Member since: 09 Jan 2013)


google should check the iphones deeply and see if can sue apple. everybody is suing each other guys, lets do that too!

posted on 18 Apr 2014, 04:10 2

5. boosook (Posts: 1074; Member since: 19 Nov 2012)


Die Rockstar, die!
(of course it's German for "The Rockstar, the!")

posted on 18 Apr 2014, 05:57

7. express77 (unregistered)


See, US companies are not hurt much in US Courts. I am not against US btw. It has better justice than many countries but the system has many flaws.

posted on 18 Apr 2014, 06:47 1

9. AfterShock (Posts: 2880; Member since: 02 Nov 2012)


It'll be quite the dog and pony show.

posted on 18 Apr 2014, 11:38 3

11. droid_does_more (banned) (Posts: 29; Member since: 25 Jan 2010)


Rockstar = The ultimate trolling company spearheaded by the two biggest trolls in mobile.

posted on 18 Apr 2014, 11:39

12. sprockkets (Posts: 1307; Member since: 16 Jan 2012)


Uh, they sued google in east texas, via a shell company established one day earlier. Google sued to have it moved to cal because apple owns the majority of it.

posted on 18 Apr 2014, 11:47 2

13. networkdood (Posts: 6306; Member since: 31 Mar 2010)


Apple is hiding behind a patentvtroll...no shock there

posted on 18 Apr 2014, 22:39

16. networkdood (Posts: 6306; Member since: 31 Mar 2010)


err....patent troll....

posted on 18 Apr 2014, 20:29

15. jroc74 (Posts: 5192; Member since: 30 Dec 2010)


I forgot all about this...Samsung vs Apple dominate the lawsuit news these days.

This will be interesting....seeing as how Sony makes Android phones...I think thats the only mobile OS they use these days? Not really sure...

posted on 18 Apr 2014, 22:39 1

17. networkdood (Posts: 6306; Member since: 31 Mar 2010)


Wow, does Apple have anything else better to do? And, shame on its consumers for continuing to support that company....

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