Skyhook Wireless, Inc. v. Google Inc. (Lawyers Weekly No. 11-144-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 13-P-1236 Appeals Court SKYHOOK WIRELESS, INC. vs. GOOGLE INC. No. 13-P-1236. Suffolk. May 9, 2014. – November 6, 2014. Present: Kantrowitz, Cohen, & Agnes, JJ. Contract, Interference with contractual relations, Implied covenant of good faith and fair dealing. Unlawful Interference. Practice, Civil, Summary judgment, Consumer protection case. Malice. Consumer Protection Act, Unfair act or practice. Civil action commenced in the Superior Court Department on September 15, 2010. The case was heard by Judith Fabricant, J., on a motion for summary judgment. Glenn K. Vanzura, of California (Scott McConchie with him) for the plaintiff. Jonathan M. Albano (Susan Baker Manning, of the District of Columbia, with him) for the defendant. COHEN, J. After mobile electronic device manufacturers Motorola, Inc. (Motorola), and Samsung Electronics Co., Ltd. (Samsung), withdrew from business deals with software developer Skyhook Wireless, Inc. (Skyhook), Skyhook filed a complaint against the defendant, Google Inc. (Google), alleging intentional interference with Skyhook’s contract with Motorola, intentional interference with Skyhook’s advantageous business relations with both Motorola and Samsung, and violations of G. L. c. 93A.[1] A judge of the Superior Court granted Google’s motion for summary judgment on all counts.[2] We affirm. Background.[3] Consistent with summary judgment standards, the facts upon which we rely are either undisputed or taken in the light most favorable to Skyhook. See Drakopoulos v. U.S. Bank Natl. Assn., 465 Mass. 775, 777 (2013).[4] This case arises from the aborted plans of Motorola and Samsung, manufacturers of mobile electronic devices (including so-called “smart phones”), to license and install Skyhook’s software product, XPS, to provide location services on their “Android” mobile devices (described below). Location services identify where the mobile device is physically positioned. Alone and in conjunction with other software applications, they allow the device user to find his or her location, to identify the location of nearby facilities, and to receive marketing information about commercial establishments in the vicinity. Location systems also collect location data from the device and return that data to the software provider for inclusion in its location database. The data then can be used to improve the accuracy of location results, as well as for commercial purposes. Android is a mobile device operating system developed and maintained by Google. It is an “open source” operating system, meaning that it is publicly available and can be used […]