Wisconsin Judge Kicks Apple v. Google Out of Federal Court for a Third Time
November 6, 2012 5:38 PM
Judge Crabb questioned Apple's willingness to license
They say the third time's the charm, but that certainly did
hold true regarding Apple, Inc.'s (
dreams of banning
Google Inc.'s (
) Motorola Mobility unit's products and forcing the rival firm into compulsory licensing at rates of fractions of pennies on the dollar. A federal court kicked out the suit/countersuit between the warring duo a third time, raising questions of whether both companies are wasting taxpayer time and court resources with their smartphone patent war.
I. Google v. Apple is Kicked Out in Eleventh Hour
Just hours before a trial
would have begun
U.S. District Court for the Western District of Wisconsin
under the jurisdiction of Judge Barbara Crabb threw out the case, arguing that Apple essentially was wasting the court's time.
One focus of the trial was supposed to be establishing a "fair" licensing rate for video codec and wireless communication patents, which were developed by Motorola as part of industry standards under so-called "
fair, reasonable, and non-discriminatory
" (FRAND) licensing promises.
Judge Crabb initially expressed willingness to suggest such a rate. But when Apple's lawyers wrote in a filing last week that they would reject her guidance if the rate ended up being higher than $1 USD per iPhone, she grew irate at the Cupertino company's apparent arrogance.
Apple told the federal judge that it would only accept her guidance if it liked it.
[Image Source: ZuperDZigh]
With its filing, Apple essentially was telling the federal judge that it wanted to take up her time evaluating the licensing rates, but it would only accept her guidance if it liked what she ruled. Judge Crabb responded by telling Apple's lawyers that it was not a valid use of court resources to merely act in a non-binding advisory capacity to private corporations' licensing discussions. If Apple wanted to bring matters to court, it would be the court that had the final say in the ruling, not the other way around.
II. A Win for Google
In the dismissal she is quoted by
, "It has become clear that Apple's interest in a license is qualified."
Judge Barbara Crabb grew frustrated with Apple, evenutally tossing out its case.
Google's lawyers praised the decision. In a statement, they commented, "We remain interested in reaching an agreement with Apple."
It's possible that Apple's lawyers could make a bid to apologize and urge the Wisconsin federal judge to reconsider working on the case. But it seems unlikely that will happen, unless they back off from their apparent belief that they are in the driver's seat when it comes to the ruling.
More likely the case will die out, much like the lawsuit before it, which was
U.S. District Court, Northern District of Illinois
Judge Richard A. Posner
Seventh Circuit Court of Appeals
judge who was moonlighting in the lower district court for the important case. As Judge Posner was a senior justice on the Appeals Circuit that Apple would have had to appeal the case to, that effort was dead in the water.
In that case as well, Judge Posner initially
to hear Apple's arguments, but was taken aback by a constant stream of belligerent filings from Apple's legal team, which
he found complained
even after he handed them relative victories. Judge Posner subsequently dismissed the case "with prejudice".
"Intel is investing heavily (think gazillions of dollars and bazillions of engineering man hours) in resources to create an Intel host controllers spec in order to speed time to market of the USB 3.0 technology." -- Intel blogger Nick Knupffer
Judge Grants Heavy Redactions for Microsoft vs. Google Federal Trial
November 2, 2012, 12:50 PM
Judge Posner Dismisses Apple-Motorola Case Again, Blasts Apple
June 25, 2012, 1:44 PM
Apple's Case Against Motorola/Google Dismissed "With Prejudice"
June 8, 2012, 11:00 AM
Apple Inserts Foot in Mouth, is Blasted for Complaining About U.S. Victory
April 4, 2012, 3:30 PM
Judge's Ruling Upholds Apple Patent, Could Jeopardize Android's Future in the U.S.
April 2, 2012, 9:32 PM
Are You in the Market for Earphones?
March 24, 2017, 7:35 AM
Samsung Galaxy S8, Rumored Launch Date!
March 18, 2017, 6:45 AM
How about Leica Cameras
March 13, 2017, 6:30 AM
Nokia has ditched this camera technology in its new smartphones
March 7, 2017, 8:45 AM
A Baseball Cap With Camera
March 3, 2017, 7:00 AM
Nokia 3310 with longer battery life
February 28, 2017, 7:05 AM
Most Popular Articles
Comparison – Samsung Galaxy TabPro S Vs Microsoft Surface Pro 4
March 21, 2017, 7:40 AM
Apple iPad – New Faster Processor and More Fun
March 22, 2017, 7:25 AM
Gigabyte GA-Z170X-Gaming G1 – Intel Thunderbolt 3 Certified Motherboard
March 9, 2017, 6:25 AM
Huawei P8 Lite 2017 – Android 7 Nougat Smartphone with Octa-Core Processor
March 8, 2017, 7:03 AM
Lenovo ThinkPad T460 - Ultra-Thin and Feather-light
March 3, 2017, 6:00 AM
Latest Blog Posts
Are you thinking of performance and speed? Intel claims:
Mar 25, 2017, 7:45 AM
Apple buys an automation app called Workflow. The deal was completed today and brings the app along with its developers.
Mar 23, 2017, 7:35 AM
Apple Announces new color for iPhones and iPads
Mar 22, 2017, 7:45 AM
Instagram: You Can Now Save Live Videos For Later
Mar 21, 2017, 7:49 AM
Samsung Galaxy S8 to Get New Color Scheme
Mar 20, 2017, 7:45 AM
What else to worry about?
Mar 17, 2017, 6:45 AM
Icon of the Day: Intel/ NVIDIA or Mobileye
Mar 16, 2017, 6:15 AM
JUST IN - Twitter Hijacked : High-Profile Account Accesses
Mar 15, 2017, 7:07 AM
Mar 14, 2017, 7:30 AM
News and Tips
Mar 13, 2017, 6:30 AM
iPhone 8 – May Not Get Curved Screen
Mar 11, 2017, 8:00 AM
California paves way to self-driving car tests without humans
Mar 11, 2017, 7:18 AM
Smart Machines V hackers
Mar 10, 2017, 7:00 AM
Uber Can Resume Autonomous Car Testing in California
Mar 9, 2017, 6:50 AM
Mar 8, 2017, 7:09 AM
Mar 7, 2017, 8:45 AM
World news 3-6
Mar 6, 2017, 5:40 AM
Mar 4, 2017, 7:40 AM
Mixed News of the Day
Mar 4, 2017, 6:32 AM
Jaguar Land Rover invests in ride-sharing
Mar 3, 2017, 7:00 AM
Mixed News of The World:
Mar 2, 2017, 7:02 AM
World New 3-1
Mar 1, 2017, 6:30 AM
More Blog Posts
Copyright 2017 DailyTech LLC. -
Terms, Conditions & Privacy Information