Wisconsin Judge Kicks Apple v. Google Out of Federal Court for a Third Time
November 6, 2012 5:38 PM
comment(s) - last by
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".
This article is over a month old, voting and posting comments is disabled
RE: Apple =
11/7/2012 4:05:17 PM
Politics and business are proof that people actually never grow up.
RE: Apple =
11/9/2012 12:45:11 AM
You sir, deserve a Freddo.
"We basically took a look at this situation and said, this is bullshit." -- Newegg Chief Legal Officer Lee Cheng's take on patent troll Soverain
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
Apple Won't Let UK Sons Unlock Their Deceased Mother's iPad
March 6, 2014, 12:44 PM
Benchmarks for NVIDIA Tegra K1 Hit the web
March 6, 2014, 8:57 AM
Microsoft's Gates, Nadella, Bates Initially Opposed Nokia Acquisition; Said Microsoft Should Stick with Software
March 5, 2014, 1:33 PM
94% of Old BlackBerry Trade-ins at T-Mobile Favor Other Brands During Special Promotion
March 5, 2014, 12:12 PM
Xbox One March Update Roll Out Begins Today
March 5, 2014, 9:36 AM
Quick Note: Roku Unveils HDMI-based Streaming Stick, Takes on Chromecast
March 5, 2014, 9:22 AM
Most Popular Articles
Mt. Gox Bitcoin CEO Can't Stifle Grin as he Bows in Apology for Bankruptcy
February 28, 2014, 5:00 PM
Report: Microsoft Considering Offering Free “Windows 8.1 with Bing”
February 28, 2014, 10:21 AM
Facebook Kills Popular Messenger App for PCs
March 1, 2014, 4:01 PM
Two More Microsoft Executives Leaving the Company
March 3, 2014, 4:38 PM
USAF Moves Forward With Long Range Bomber Program Despite Budget Crunch
March 4, 2014, 9:44 AM
Latest Blog Posts
Tesla vs. BMW: Who Has the Safer EV?
Feb 1, 2014, 2:56 PM
Justice Leaks Details of Next HTC One Two Flagship Phone
Dec 5, 2013, 4:04 PM
Global Cyber Espionage Concerns Reveal Growing Cyber Armies
Nov 29, 2013, 11:04 AM
Is The Period Becoming an Expression of Anger?
Nov 26, 2013, 2:02 PM
NSA and Congress -- You Will Never Kill the Constitution, It's an Idea
Nov 10, 2013, 2:00 PM
More Blog Posts
Copyright 2014 DailyTech LLC. -
Terms, Conditions & Privacy Information