Print 57 comment(s) - last by karimtemple.. on Apr 16 at 12:45 PM

The judge says lawsuits have become a business strategy

A Florida judge called both Apple and Google's Motorola Mobility out in court, saying that neither of them really wants to resolve these patent matters.

U.S. District Judge Robert Scola -- a federal judge in Miami, Florida -- said that Apple and Motorola Mobility are wasting the court's time with patent infringement lawsuits that they have no intention of solving.

“The parties have no interest in efficiently and expeditiously resolving this dispute; they instead are using this and similar litigation worldwide as a business strategy that appears to have no end,” said Judge Scola. “That is not a proper use of this court.”

Judge Scola's main issue is that Apple and Motorola Mobility currently have over 180 claims regarding 12 patents and are arguing over the meaning of over 100 terms. 

“Without a hint of irony, the parties now ask the court to mop up a mess they made by holding a hearing to reduce the size and complexity of the case,” wrote Judge Scola. “The court declines this invitation.”

The court has given Apple and Motorola Mobility four months to narrow the case down, and if they fail to do so, the case will be put on hold until all disputes over terms are resolved. 

Apple and Motorola Mobility have been tossing patent infringement lawsuits around since 2010. Many see these cases as a way of struggling for market share and pushing the competitor's products out rather than attempting to solve real issues. 

Source: Bloomberg

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RE: Patent trolls can go f%ck themselves
By ven1ger on 4/11/2013 5:55:49 PM , Rating: 2
I won't get into whether or not Apple innovated or not. I'm not an Apple fan. But I do think they did help prod the mobile industry along a lot faster than the rate it was progressing at the time. They also made a lot of money also. While I'll admit that Apple helped to give the industry a good kick in the pants and that the industry is now fully moving along, the problem here is that Apple is no longer competitive and the use of Patents to stifle competition is largely Apple's fault in this. Typical Patent trolls are looking for a payout from businesses but what Apple is doing is more to prevent the competition.

This would have been the perfect opportunity for the market to band together to petition congress to have patent reform and to squash actual patent trolls that don't create anything but instead as Apple and MS have done either themselves or through proxies used patents as a business model to be anti-competitive. Because of the their business model, other companies are following the same practice with developing patent portfolios so they can either do the same.

Until the politicians realize that they need to fix this, I don't see how this will get any better as the courts can only recommend but cannot legislate no matter how much of a mess the government has made of this. Hell, even some of the courts have made a mess of it.

RE: Patent trolls can go f%ck themselves
By Spuke on 4/11/2013 7:18:53 PM , Rating: 2
But I do think they did help prod the mobile industry along a lot faster than the rate it was progressing at the time.
I agree but THAT is not innovation. Were they instrumental in moving the industry to mobile? Yes! But there was no innovation there.

RE: Patent trolls can go f%ck themselves
By BRB29 on 4/12/2013 7:32:26 AM , Rating: 3
rectangular shape with round edges is innovation. It's even patented.

By Cheesew1z69 on 4/12/2013 7:53:07 AM , Rating: 2
you forgot your sarcasm tag...

RE: Patent trolls can go f%ck themselves
By karimtemple on 4/12/2013 9:17:28 AM , Rating: 2
It's comical to me to imagine them being instrumental in moving the industry to mobile without a lick of innovation. That itself would be a success story, lmao. The entire industry shifted, other industries shifted, monoliths were cracked..... but not because of anything new. Laughing out loud.

RE: Patent trolls can go f%ck themselves
By Solandri on 4/12/2013 12:47:22 PM , Rating: 2
Success is a combination of innovation, functionality, usability, and marketing. Just because a product is successful doesn't necessarily mean it has all of these traits.

Apple is great at marketing (so is Microsoft, though not as much anymore). And they're also exceptional at usability (I'd say probably the best for the average lay person). Innovation is kinda so-so - they do a pretty good job of taking stuff that is already available in industry but hasn't been widely adopted yet, and packaging it into something that's simple for regular people to use. But they didn't necessarily invent the stuff, like Samsung/LG develooped OLEDs, or Seagate increases HDD storage density, or Intel improved 3D lithography. Outside of UI design, Apple is more of a parts assembler than an actual innovator. They're just really smart about which COTS parts they pick for their devices. Functionality is poor - they tend to leave out or cripple features which come standard in competing products.

And it's a bit of a stretch to say Apple were instrumental to moving the industry to mobile. PDAs and multi-function phones were already well-established industries before the iPhone. It was pretty clear by the early 2000s that the two were on a collision course and were going to merge. The early Palm and Blackberries were the initial result (incidentally, HTC originally made a name for itself with its PDAs). Apple just happened to have the first mega-hit after this merger. If they hadn't been around, the LG Prada probably would've been much more successful. And the industry would've rapidly followed to reach where we are today. As LG's Prada and Samsung's internal docs which Judge Koh barred as evidence indicate, many companies had iPhone-like phones in the design phase before the iPhone was ever announced.

RE: Patent trolls can go f%ck themselves
By karimtemple on 4/12/13, Rating: 0
RE: Patent trolls can go f%ck themselves
By Cheesew1z69 on 4/12/2013 2:23:07 PM , Rating: 2
Who invented the widget?

Konfabulator co-founder Arlo Rose claims to have invented the widget, but the concept emerged years before Konfabulator shipped.

Some claim Apple invented the widget. The company's "Desk Accessories," conceived in 1981 and were small programs that brought useful tools and innovative multitasking to a non-multitasking environment.
The whole widget craze was predicted by the CEO of the company that invented it. The CEO was none other than -- wait for it! -- Bill Gates, and the company was, of course, Microsoft Corp.

Apple, doesn't "invent" anything...

RE: Patent trolls can go f%ck themselves
By karimtemple on 4/12/2013 2:34:00 PM , Rating: 2
Oh my God. lol.

RE: Patent trolls can go f%ck themselves
By Cheesew1z69 on 4/12/2013 3:56:58 PM , Rating: 2
"oh my god. lol"


you are wrong...

RE: Patent trolls can go f%ck themselves
By karimtemple on 4/12/2013 4:23:32 PM , Rating: 2

RE: Patent trolls can go f%ck themselves
By Cheesew1z69 on 4/13/2013 4:11:40 PM , Rating: 2
Either prove it, or stfu... you are sounding like a TROLL right now.

RE: Patent trolls can go f%ck themselves
By xti on 4/15/2013 1:32:34 PM , Rating: 2
i used to keep napkins with peoples phone numbers and drew a stick picture of them.

thus...i invented facebook.

By karimtemple on 4/16/2013 12:45:59 PM , Rating: 2
Answers (choose one):

1) Whoops! Too bad you didn't go to market, then! Next time get a patent.

2) The implication that Facebook is just a bunch of phone numbers and pictures is vacuous and borderline trolling.

3) I guess you did invent Facebook!! Is your lawyer any good? She could make you a very rich person.

By Motoman on 4/12/2013 1:59:25 PM , Rating: 2
Happens all the time. It's called "marketing."

By testerguy on 4/16/2013 2:21:21 AM , Rating: 2
I agree but THAT is not innovation

Lets be very clear that by your ridiculous Apple-hate-fuelled definition of innovation, none of the mobile phone companies have innovated at all over the past 6 years, because for any feature or development you can come up with, I can point to an equivalent functionality on another device.

Or, to be more blunt, you're totally retarded and ignorant to assume that innovation has to lead to a new functionality , instead of a new or novel way to achieve that functionality.

"If you look at the last five years, if you look at what major innovations have occurred in computing technology, every single one of them came from AMD. Not a single innovation came from Intel." -- AMD CEO Hector Ruiz in 2007
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