Judge Posner Throws Out the Apple & Motorola Lawsuits 'with prejudice.'

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Thread: Judge Posner Throws Out the Apple & Motorola Lawsuits 'with prejudice.'

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    Editor in Chief dgstorm's Avatar
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    Judge Posner Throws Out the Apple & Motorola Lawsuits 'with prejudice.'


    Perhaps we are starting to see the light at the end of the tunnel when it comes to the Apple vs the world patent wars, and it may just be the light of reason beckoning in the dark. Apparently, Judge Richard Posner just dismissed the Apple vs. Motorola and the Motorola vs. Apple lawsuits, and he did so "with prejudice" (this means the two companies can't re-file the same lawsuits). Judge Posner confirmed in the strongest legal language what the general public has already known for sometime, and that is that neither Apple nor Motorola could actually prove that any type of damages were incurred and warranted in their cases. Here's a quote from the The Register article with some details,

    “Neither party is entitled to an injunction,” Posner writes, because “neither has shown that damages would not be an adequate remedy … the parties have failed to present enough evidence to create a triable issue”. Furthermore, “although both parties asked for injunctive relief, neither named an expert witness who would testify about such relief”.

    Posner also skewers Apple’s submissions made after his previous tentative judgment, saying that the company tried to “turn the case into an Apple versus Motorola popularity contest … Apple wanted me to allow into evidence media reports attesting to what a terrific product the iPhone is” – something which Posner said had no bearing on the patent dispute.

    He further notes “danger that Apple’s goal in obtaining an injunction is harassment of its bitter rival...The notion that these minor-seeming infringements have cost Apple market share and consumer goodwill is implausible, has virtually no support in the record, and so fails to indicate that the benefits to Apple from an injunction would exceed the costs to Motorola.”
    The bottom line is that the Judge decided that neither party is entitled to an Injunction and told them to leave the court and not come back. What is really extra disgusting about this case is the part about how Apple was trying to get the Judge to admit into evidence what an amazing product Apple makes. What did they think this was? Some sort of publicity stunt?

    Below you can get a look at the full 38 page legal document at the AllThingsDigital link.

    Thanks for the tip, furbearingmammal and cereal killer!

    Source: TheRegister.co.uk and AllThingsDigital

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  3. #2
    Super Moderator cali's Avatar
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    I agree with him. Leave the court and don't come back.
    royfernandez likes this.

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    Android Lurker royfernandez's Avatar
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    Saying "Richard Posner" among a group of conservative legal scholars is sort of like the "Randolph Scott" scene in "Blazing Saddles." He's not overturned lightly. His experience and knowledge lead to immense deference from other jurists.

    In this case, he made the rare decision to sit as a trial judge. He is, in fact, a retired appellate judge. So he was doing the law a big favor even getting involved.

    I think that should make the deference given his decision even greater among those on the appellate bench. For a bunch of high-priced lawyers to think they're really going to get his trial decision overturned may be faulty logic. And when they fail utterly, maybe Apple should reconsider its choice of representation.

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