I believe they were still seeking regulatory approval of the acquisition when the lawsuit was filed. Either way, Apple sued Motorola first in 2011.
Apple sued Motorola (2012) http://www.engadget.com/2012/02/10/apple-sues-motorola-over-...
Motorola Sued Apple (2011) http://arstechnica.com/apple/2011/12/motorola-wins-injunctio...
In addition to that, you're quoting Don Reisinger?
I don't even know who Don Reisinger is. I googled it and linked the first result.