Apple's Case Against Motorola/Google Dismissed "With Prejudice"
June 8, 2012 11:00 AM
comment(s) - last by
Frustrated judge takes issue with parties inability to agree, unwillingness to license
Both Apple, Inc. (
) and Android operating system maker Google Inc. (
subsidiary Motorola Mobility
saw a potentially
precedent setting ruling
, in which both parties cases were dismissed by an irate federal judge.
I. Dismissed With Prejudice
Judge Richard A. Posner
Seventh Circuit Court of Appeals
judge who moonlighted in the
U.S. District Court, Northern District of Illinois
(Chicago) for this critical case, seemed to imply that both companies were trying to abuse the legal system, wasting its time with unclear arguments.
Both companies agreed that money would fix the alleged wrongs caused by the other's infringement. But Judge Posner was frustrated by the fact that neither company could reasonably justify the exorbitant sums they were claiming their patents were worth.
Judge Richard Posner was frustrated with what he viewed as ridiculous arguments from Motorola Mobility's and Apple's legion of lawyers. [Image Source: Abel Uribe, Chicago Tribune]
Also, Judge Posner complained about Apple's lawyers filing a mired myriad of motions. In this regard, Apple's insistence at objecting to every ruling of Judge Posner's may have hurt it in court.
Notably, Judge Posner had stated in a preliminary ruling that some features in Google/Motorola Mobility's Android operating system
infringed on Apple's intellectual property
complained about its victory
, with its legal team essentially bellyaching about the fact that the Judge didn't find in their favor for every single claim, even though he had found in their favor for
most of them
Judge Posner's decision to dismiss the case was quite resolute, in that he dismissed it "with prejudice", writing, "I have tentatively decided that the case should be dismissed with prejudice because neither party can establish a right to relief."
II. Appeal? Unlikely
Either company will have a tough road ahead appealing that decision as Judge Posner is a senior member of the Appeals court which would hear their case. In short Apple versus Motorola is probably over in the U.S. with no damages awarded to either company, on account of their legal teams' inability to be reasonable (according to Judge Posner).
The only possible alternative route would be to file further complaints to the
U.S. International Trade Commission
. But such complaints may not be taken seriously given the prestige Judge Posner holds among federal judges nationwide, in part thanks to his service for years as an esteemed faculty at the
University of Chicago
Apple's options to appeal or complain to the ITC are scarce. [Image Source: ArsTechnica]
Other than the ITC or an appeal, both companies will likely be banned from filing lawsuits against each other until 2014. It's important to note that Motorola Mobility was already
found innocent by the ITC
of Apple's accusations of infringement on several patents.
III. Good News for Customers; Bad News for Lawyers
Arguably this is a big win for consumers in that there will (likely) be no product bans, and the pair will be forced to compete on the market. Of course some Apple and Android fans may fantasize about banning each other’s products, but to the average consumer, such bans would at best be an annoyance.
On the other hand, it's a blow to both companies' legal efforts. For Google, it loses the ability to use Motorola Mobility as a club to beat Apple back from suing other Android handset makers, such as HTC Corp. (
). It was Motorola Mobility that filed the first lawsuit against Apple on Oct. 6, 2010.
For Apple, who
filed countersuit against Motorola Mobility
on Oct. 29, 2010, it is also a blow. While Apple did not necessarily start this fight explicitly, its former CEO Steve Jobs long implied Motorola Mobility (and Google) were in infringement and that he would eventually
"destroy" them with bans
Indeed, bans could have destroyed Motorola or at least have forced its new owner Google to reach deep into its pockets, given that the smartphone maker is already
struggling mightily with profitability
. Now Motorola's lawyers will be free to focus on their
court battle with Microsoft
Apple and Motorola Mobility will be forced to begrudgingly compete on the market.
[Image Source: Obama Pacman]
A diluted market is a dangerous market for Apple, as it learned in the 1980s. It is in Apple's best interest to keep the smartphone market
a two-company race
with Samsung Electronics Comp., Ltd. (
), should its efforts to
ban Samsung's product line
fail. Having a host of smaller alternatives like Motorola and HTC could eventually hurt Apple in the long run, as Apple would be fighting a one-man sales battle against a crowd of rivals.
U.S. District Court, Northern District of Illinois via SBNation [PDF]
This article is over a month old, voting and posting comments is disabled
An Open Letter to All Patent Trolls
6/8/2012 12:20:03 PM
Go fuck yourselves!
RE: An Open Letter to All Patent Trolls
6/8/2012 1:30:46 PM
A judge is not so nyekulturny. What he *really* said is "Go and indulge in self-impregnation".
RE: An Open Letter to All Patent Trolls
6/8/2012 5:34:29 PM
Enemy #1: How's the interrogation going?
Enemy #2: Going very well, sir. We're just about to cut off his dick, shove it up his ass, and make sarcastic comments like 'go fuck yourself'.
Enemy #1: Excellent work, soldier. Be sure to take pictures. I may need those later.
"If you can find a PS3 anywhere in North America that's been on shelves for more than five minutes, I'll give you 1,200 bucks for it." -- SCEA President Jack Tretton
Apple Looks to Kill Samsung's Galaxy S III and the Rest of Its Family
June 7, 2012, 2:08 PM
Google Completes Acquisition of Motorola Mobility, Layoffs Likely
May 22, 2012, 11:47 AM
Motorola Androids Banned in the U.S.; Samsung May be the Last Survivor
May 18, 2012, 7:00 PM
Apple, Samsung Snag 99% of Mobile Phone Profits
May 4, 2012, 11:53 AM
Motorola Bleeds More Cash as it Waits for Google to Save It
May 2, 2012, 2:02 PM
Smart Security Cameras: 5 Good Choices For Any Budget
July 25, 2016, 7:13 PM
Top 5 Smart Watches
July 21, 2016, 11:48 PM
Retiree Sues Apple For $7,500 for Wiping Honeymoon Photos From His iPhone
November 30, 2015, 10:23 AM
iPhone 7 May Pack 3-4 GB Memory, More Storage; 4-Inch Comeback is Rumored
November 20, 2015, 10:12 PM
OnePlus One, OnePlus 2 Will Receive Android Marshmallow in Q1 2016
November 16, 2015, 9:58 AM
Lenovo Whoa: Motorola Droid MAXX 2 and Turbo 2 Break Cover in Leaks
October 26, 2015, 3:12 PM
Most Popular Articles
First Apple Computer Auctions for $815,000
August 27, 2016, 7:51 AM
Drones at the Airport
August 26, 2016, 5:00 AM
5 Easy Ways to Lower Blood Pressure By Monique C. Bethell, Ph.D.
August 25, 2016, 8:00 AM
2 NEW PlayStation 4 Models - Unveiling September 7th
August 23, 2016, 6:23 AM
Say Goodbye to Data Plans - Sprint and T-Mobile offer Unlimited Data
August 22, 2016, 6:12 AM
Latest Blog Posts
First Self-Driving Car debut on the streets of Singapore
Aug 28, 2016, 4:10 PM
Coming Soon - Drones and Airports
Aug 24, 2016, 12:40 PM
SolarCity’s Gigafactory: A Milesone in Emerging Technology by Lily Emamian - 15 August 2016
Aug 15, 2016, 6:30 AM
Sceptre Airs 27", 120 Hz. 1080p Monitor/HDTV w/ 5 ms Response Time for $220
Dec 3, 2014, 10:32 PM
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information