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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 Tony Swash on 4/11/2013 8:46:22 PM , Rating: -1
I see the aspergic tag team are back :)

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.

It seems to me that any outsider looking at the tech industry, and the IP and patent landscape, would come to the conclusion that IP protection and patents are actually very ineffective. Almost no product or innovation does not get copied and emulated. About the only area where the law seem to very effective is around brand names and to a less extent branding. Market a phone that's called an iPhone and you will almost certainly end up being blocked by the law, make a phone that looks just like an iPhone (or a Galaxy S4, or any other handset) and most likely it will go on sale and remain on sale largely unencumbered by legal restraint.

There is way too much hysteria and over excitement around the patent issue, it's boring and and in the real world mostly unimportant. The only people it makes a real difference to are lawyers who get a lot of high paid work from it.

I am yet to see anyone actually point at some area of tech that has been stalled or even significantly slowed down by patent problems. When I look across the tech industries what I see is rapid innovation everywhere and when a major new approach or idea emerges it seems to spread rapidly across the industry.
Just because something is irritating, or unjust or sometimes quite bad does not make it armageddon or catastrophic. It's just a bit bad, but mostly the tech industry is in pretty good shape. IP litigation is just a negative but trivial aspect of the industry. It's not even unusual. All industrial sectors when going through paradigm shifting technical change throw up IP related legal activity, it's perfectly normal and utterly transient. And not that important in the big scheme of things.
I am not saying that IP litigation is not real or that it does not have real world repercussions it's just that it is so often discussed in a such an overblown, hysterical and doom laden way that rational discourse becomes impossible. IP litigation is a bit of problem, but not a very big one and certainly not one that will decide the fate or direction of the industry or of any remotely major aspect of technical innovation.


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.


“And I don't know why [Apple is] acting like it’s superior. I don't even get it. What are they trying to say?” -- Bill Gates on the Mac ads

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