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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 Tony Swash on 4/11/2013 7:01:47 PM , Rating: -1
I can't be bothered to respond to the specifics of your flatulent petulance. Just being angry about how things have turned out is no excuse for wilful ignorance. Believing that the whole world is out of step except for you and that everyone else is stupid because they buy different devices, or make different decisions about technologies than you do, is no doubt reassuring but it is only for the childish.

There are real, substantial and (unfortunately for you) complex reasons why Apple and Samsung are the only two companies that are succeeding in the mobile arena and why Apple successfully migrated from being a a small player in the PC market to being a hugely successful mobile device company and why Microsoft so utterly failed at making the similar transition.

This

http://www.asymco.com/wp-content/uploads/2013/04/S...

is happening for a real reasons and thinking that 500 million Apple customers are stupid is in itself monumentally and inexcusably stupid and shallow.

As for the patent wars, they are irritating but they are just fluff. I cannot think of a single major or even minor impact that the legal battles have had in the actual market place. What has been blocked from happening in the mobile device markets that would have happened but for legal actions? Nothing.

Innovation in the new mobile markets seems to spread astonishingly fast across the entire market unimpeded by the games of lawyers. Although I know a lot of people get all wound up by the whole patent thing but it is actually just a storm in a tea cup.

Can anyone now even remember any of the numerous legal actions associated with the rise of the PC, which were just as numerous as the current crop of patent cases, or point to where in any way innovation was held back in the PC world by any legal action? It's just a tech soap opera and frankly there are far more important and interesting things to discuss.


RE: Patent trolls can go f%ck themselves
By sprockkets on 4/11/2013 7:39:59 PM , Rating: 2
quote:
I can't be bothered to respond to the specifics of your flatulent petulance...


Oh, but you did, because you have to defend apple.

Tell me, still not going to own up to apple paying $368 million to a patent troll over bogus VPN patents to VirnetX? Or is patent trolling only OK when apple does it?


RE: Patent trolls can go f%ck themselves
RE: Patent trolls can go f%ck themselves
By Tony Swash on 4/11/13, Rating: -1
RE: Patent trolls can go f%ck themselves
By sprockkets on 4/11/2013 8:51:40 PM , Rating: 2
quote:
I see the aspergic tag team are back :)


I see you have no real clue on how to use that term, but we know you won't shut up either.

quote:
I repeat - IP and patent related legal action in the tech industries are utterly trivial and will have almost no impact on the evolution of the tech industry.


Sorry, but others beg to differ, seeing how IP related lawsuits alone cost the industry $83 billion in 2011, and around 1-7 million each lawsuit.

Nice of you to think all is peachy, that each small business or new startup has millions laid aside just for patent trolls.


RE: Patent trolls can go f%ck themselves
By Tony Swash on 4/12/13, Rating: -1
RE: Patent trolls can go f%ck themselves
By drlumen on 4/12/2013 8:44:35 AM , Rating: 1
I don't care to do the research but I would bet money that if any company was able to stop another company for infringing of mobile comm IP it would have been Motorola. But they would have deserved that protection.

They deserved that protection because they did all the R&D (or licensing as needed) as part of a complete system. They had to create everything from the mobile units like 2 way radios, the first car phones, the transmission tower tech, amps, repeaters, base station equipment and related peripherals along with any special diagnostic equipment.

I can also guarantee that if they did sue a company for infringing patents that it wasn't over something as trivial as the font, shape or color of a single button (icon). They would have had much bigger fish to fry.

Would Motorola of old be a troll? IMO, absolutely not! Perhaps a monopoly but certainly not an IP troll. You have to give them credit where credit is due.

Apple on the other hand is grasping at straws because their iphone was designed to work in an existing ecosystem that was built and functional before they even had a phone.

I'll give Woz credit as he had some engineering chops that was used in the first Apple computer. But all they have done since is repackage and make proprietary what everyone else is doing. IMO, they got lucky with the iphone.


By Tony Swash on 4/12/2013 1:32:33 PM , Rating: 1
quote:
They deserved that protection because they did all the R&D (or licensing as needed) as part of a complete system. They had to create everything from the mobile units like 2 way radios, the first car phones, the transmission tower tech, amps, repeaters, base station equipment and related peripherals along with any special diagnostic equipment.


Poor guys.

What Motorola can't seem to do is sell phones for a profit. That's a bit of a show stopper for a phone company.

BTW Motorola sued Apple first.

quote:
IMO, they got lucky with the iphone.


How? In what sense did the several years of work done by Apple in the build up to the launch of the first iPhone, including all the development work on the hardware and new OS, as well as the years spent building the supporting iTunes ecosystem, constitute 'luck'.


RE: Patent trolls can go f%ck themselves
By sprockkets on 4/12/13, Rating: 0
By Cheesew1z69 on 4/12/2013 4:54:32 PM , Rating: 2
quote:
"...some large company will patent some obvious thing [and use the patent to] take as much of our profits as they want.”
And try to sue the competition out of the market.


RE: Patent trolls can go f%ck themselves
By Tony Swash on 4/13/2013 3:43:53 PM , Rating: 2
The actual figure in the article you link to is $29 billion and is based on what the article calls "a relatively small sample of 83 companies, both small and large'.

I repeat - IP litigation is a trivial phenomena in relation to the scale of the global tech industries. An irritant and nothing more. A flea bite itches but it's still just a flea bite.


By testerguy on 4/16/2013 2:23:51 AM , Rating: 2
Wow, sprokkets total fail.


"It's okay. The scenarios aren't that clear. But it's good looking. [Steve Jobs] does good design, and [the iPad] is absolutely a good example of that." -- Bill Gates on the Apple iPad

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