Back in 2011, search giant Google bought Motorola Mobilty for $12 billion. At the time, it was believed a driving force behind the acquisition was Motorola’s extensive patent portfolio. Now, as Sara Forden of Bloomberg reports, that portfolio has gained the attention of the Federal Trade Commission:

The U.S. Federal Trade Commission should sue Google Inc. for trying to block competitors’ access to key smartphone-technology patents in violation of antitrust law, the agency’s staff told commissioners in a formal recommendation, according to four people familiar with the matter.

A majority of the agency’s five commissioners are inclined to sue, according to the people, who declined to be identified because the matter isn’t public. A final decision on the staff recommendation, made last month, isn’t likely until after the Nov. 6 presidential election, they said.