ReadWriteEnterprise

If the proposed acquisition of Motorola Mobility (MMI) by Google announced on Monday truly is about the value of MMI's patent portfolio, then mitigating circumstances over just the past few days may make the $12.5 billion bid seem a bit steep. The problem stems from an ongoing U.S. International Trade Commission investigation brought by Microsoft against MMI, which - up until Monday - had only incidentally involved Google.

At issue is an expert witness for Microsoft, Dr. Robert Stevenson. On August 10, Google filed a non-party motion with the USITC claiming Microsoft disclosed highly confidential source code to Dr. Stevenson without his having been cleared with Google first - which Google claimed was a violation of protocol. That disclosure was played to the press as a "leak," for which Google sought sanctions against Microsoft, but more importantly, to bar Dr. Stevenson from testifying before the Commission.