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  • Notable Judge Blasts Apple's Attorneys For "Frivolous" Motions in Case


    Judge Richard A. Posner, of the U.S. District Court in Northern Illinois, criticized Apple and their attorneys for “frivolous filings” for the company’s ongoing patent dispute with Motorola.

    Posner’s words are especially significant considering his influence in the legal world. On top of being an appeals judge, Posner is the most-cited U.S. legal scholar of the 20th century according to Florian Mueller of FOSS Patents.

    Mueller made a valiant attempt to collect every Apple-Samsung lawsuit filed in the last year. With more than 50 separate suits between the two companies it’s amazing it took the dispute with Motorola to elicit a response from the vocal judge.

    Posner’s comments were in response to a motion from Apple seeking to prevent Motorola Mobility from deposing a certain expert. The details remain under seal but Posner claimed on half of Apple’s motion was “frivolous,” and the other was “untimely.”

    According to Mueller Apple drew criticism from Posner because the iPhone maker attempted to use an expert’s wife’s medical condition to block a deposition. Apple then filed a second attempt to block the expert’s deposition only three days later, this time without citing health issue.

    "The next such motion, and I shall forbid (Apple) to file any motions without first moving for leave to file," Posner said in his decision.
    Posner’s threatened sanction against Apple will not put them at a particular disadvantage during the rest of the proceedings according to Mueller. But, Posner’s claims could be a signal that the current patent war wearing its welcome.

    Source: FOSS Patents [via Apple Insider]
    This article was originally published in forum thread: Notable Judge Blasts Apple's Attorney's For "Frivolous" Motions in Case started by Phillip Swanson View original post
    Comments 38 Comments
    1. Migx's Avatar
      Migx -
      No problem man yes it's tweaking even the jailbreak through cydia help us to tweak IOS as the user would want rather than waiting apple to do so yes the innovation is not their as OS were only modified and updated but the huge step that apple took in this area was impressive which made other companies to follow I am a tech addict I follow and read lotsa articles wether with or against a certain brand just to know and buy what I live to own when I can afford

      Like*
    1. iPhoneThereforeIAm's Avatar
      iPhoneThereforeIAm -
      The Patent Office needs to stop granting patents for things that clearly should be unpatentable ... like rectangular device shapes with home buttons.
      As possibly the most litigious manufacturer ever, Apple's obsessive anti-competitivity is ultimately shafting the consumer.
      Jobs was way worse in this respect, than Gates ever was.
    1. H4CK3R's Avatar
      H4CK3R -
      Apple is always in some type of fight or lawsuit... Doesn't seem they can get along with anyone.
    1. SuncoastDave's Avatar
      SuncoastDave -
      Do you actually know who Florian Mueller IS?

      (Here's a clue - after pontificating for weeks on the Oracle-Google patent slugfest, he was outed as a
      paid consultant for Oracle. This man is not your friend.)
    1. steve-z17's Avatar
      steve-z17 -
      Quote Originally Posted by oddphone20 View Post
      I now need to speak to others maybe to build on my already massive knowledge base. Can't Go over Apples sorted history(30+). People may understand these things if you have followed tech for the last 25+ years. IBM at one time laughed at Apple. Apple laughs now.....who laughs tomorrow?

      Not cocky..it called confidence.

      By the way, where exactly was I cocky? Being Fortunate is not being cocky. Knowing facts is not being cocky. If dude wants to get sarcastic with me I can dish it out 100 fold. Please read all interactions before you but in with your 2 cents.
      No dude it is just you being cocky. Telling someone that you have a higher IQ than them and saying all that garbage about spending lots of money on electronics and how you can afford them...that's not confidence, that's being cocky. No one cares what your IQ is or how much money you've spent on gadgets. You're entitled to your opinion and that's great, but you don't have to tell ppl about your IQ or how much money you spend on things.

      Anyway, the patent suits are getting a bit out of hand these days, but Apple has a right to defend their innovations!


      Quote Originally Posted by mustard05 View Post
      The guy in the pic remands me of the guy from "Curb your Enthusiasm." All I can picture is him saying, ehhhh. LOL
      Lol! Yeah he looks exactly like Larry David!
    1. redstar299's Avatar
      redstar299 -
      As soon as this judge has an original idea, which would probably die of loneliness - he can talk. All these other companies do is try and imitate Apple
    1. unison999's Avatar
      unison999 -
      I agree with the judge...
      If you can not challenge the expert with the first block, you are not going to be able to find a way to challenge this expert with 2nd block. It just make you look desperate and your opponent will look like they have something damaging, and when the deposition comes out it carries even more weight.
      By this comment Judge is already leaning toward anyone but Apple, too bad Apple you just lost someone that you will most likely run into again because of numerous court cases Apple filed...
    1. Beastly L92's Avatar
      Beastly L92 -
      Quote Originally Posted by oddphone20 View Post

      Windows phones had Bluetooth(advanced protocal) in the early 2000s iPhone not till iOS 4.0(2011). They had many programs and functions that still don't exist on the iPhone.
      I know. I had an HP Ipaq. Besides it screaming "look at my $900 phone" it was a busted piece of garbage. In fact, I haven't touched one WinMo device that WASN'T a busted piece of garbage.

      Tinkering used to be fun. I don't have time anymore. I just want my device to work like its supposed to when I say so, maintenance free, and that's why I pay for Apple products. One small example, my old PPC G5 ('04 model) is still ticking. And very well, too. It's faster than my GF's 2010 HP desktop. Way faster. And...drumroll please....ZERO malware in 8 years. Not even once. That's not even physically possible on a win machine.

      But, that's just my opinion.
    1. Norb's Avatar
      Norb -
      Quote Originally Posted by redstar299 View Post
      As soon as this judge has an original idea, which would probably die of loneliness - he can talk. All these other companies do is try and imitate Apple
      My thoughts exactly... When was the last time this guy created something besides a scandal that involved and under age boy?
    1. unison999's Avatar
      unison999 -
      Quote Originally Posted by Norb View Post
      My thoughts exactly... When was the last time this guy created something besides a scandal that involved and under age boy?
      hahaha this stupidity need to be quoted.
      How you group all judges in judiciary system into one, what happened to a few means they are all guilty... Thank god you are not smart enough to be a judge!

      It is not a judge's job to have "original idea" or create something, it is his job to look at the past (laws made) and make decision by interpreting the law. I guess someone flunked out of high school if he can not even get this simplest thing right! I find it funny how people would make stupid comments on a judge just because he is against Apple, guess what if Apple have as much knowledge about the law as this judge they would not have to file so many lawsuits. BTW nothing Apple come out with is an original idea, everything they have is taken from someone else and improved upon. Even Jobs is quoted into saying such thing, you can search it in youtube.
    1. H4CK3R's Avatar
      H4CK3R -
      Apple can't stay out of lawsuits it seems. They really try to protect their patents well...
    1. hadzo's Avatar
      hadzo -
      Imho, Apple seams to have taken many existent inventions, revamped them and now is seeking to patent them. I feel that to be very wrong and hypocritical, because as mentioned and agreed by few MMyi members here many of Apple's "innovations" are just an improvement of technology that existed for quite some time now. With that said, I don't see the same right be taken away form other. If a company decides to produce a phone that's rectangular with one button it should be allowed to do so, but oblivious not of same dimensions and function identifications. Just imagine how far such thing could go, i.e. an automotive company patents the idea of a vehicle... hmmm - you can make a car but it better not have an engine and round, rubber attachments that grant it mobility.
    1. Norb's Avatar
      Norb -
      Quote Originally Posted by unison999 View Post
      hahaha this stupidity need to be quoted.
      How you group all judges in judiciary system into one, what happened to a few means they are all guilty... Thank god you are not smart enough to be a judge!

      It is not a judge's job to have "original idea" or create something, it is his job to look at the past (laws made) and make decision by interpreting the law. I guess someone flunked out of high school if he can not even get this simplest thing right! I find it funny how people would make stupid comments on a judge just because he is against Apple, guess what if Apple have as much knowledge about the law as this judge they would not have to file so many lawsuits. BTW nothing Apple come out with is an original idea, everything they have is taken from someone else and improved upon. Even Jobs is quoted into saying such thing, you can search it in youtube.
      So was it my comment or avatar that made you say I'm a high school dropout? Either way the judicial system is a joke like my most of my comment. It's OK though, you have your head up your *** so far you probably think the war with Iraq was justified and the events leading to it made sense.

      Keep drinking your coolaid...
    1. unison999's Avatar
      unison999 -
      Quote Originally Posted by Norb View Post
      So was it my comment or avatar that made you say I'm a high school dropout? Either way the judicial system is a joke like my most of my comment. It's OK though, you have your head up your *** so far you probably think the war with Iraq was justified and the events leading to it made sense.

      Keep drinking your coolaid...
      No not because of your avatar but because of your comprehension and knowledge is less than a high school kid.
      How would judiciary system be a joke? Have you seen a few judges lately? Broke a few laws have you? Because you are such an expert that you would equate judiciary system to Iraq war.
      BTW what would judiciary system have anything to do with Iraq war? My god do you even know what judiciary system means? Maybe "you should stop drinking that Kool-aid" (with a K spell it right if you want to sound intelligent), it is obviously damaging something.
    1. Norb's Avatar
      Norb -
      Quote Originally Posted by unison999 View Post
      No not because of your avatar but because of your comprehension and knowledge is less than a high school kid.
      How would judiciary system be a joke? Have you seen a few judges lately? Broke a few laws have you? Because you are such an expert that you would equate judiciary system to Iraq war.
      BTW what would judiciary system have anything to do with Iraq war? My god do you even know what judiciary system means? Maybe "you should stop drinking that Kool-aid" (with a K spell it right if you want to sound intelligent), it is obviously damaging something.
      Ahh... resorting to insulting a spelling error; a sign of true intelligence. You probably should not read into something so miniscule and you might have a better day. Keep being a hypocritical, angry, troll... bye!

      Quote Originally Posted by unison999 View Post
      It is not a judge's job to have "original idea" or create something
      Your grammar is fantastic!
    1. unison999's Avatar
      unison999 -
      Quote Originally Posted by Norb View Post
      Ahh... resorting to insulting a spelling error; a sign of true intelligence. You probably should not read into something so miniscule and you might have a better day. Keep being a hypocritical, angry, troll... bye!


      Your grammar is fantastic!


      Might want to look at your grammar problem just within this thread alone before making fun at others, at least I can spell and I don't think judges starts or end wars.
    1. Beastly L92's Avatar
      Beastly L92 -
      Quote Originally Posted by unison999 View Post
      Here is a hint when a word have wiggly line below it, it means you spelled something wrong.
      Something this simple and automated yet you can't use it that's really saying something.
      I can spell and I don't believe a judge can decide to start or end a war, don't have to pull your (spelled and used correctly) grammar errors.



      Might want to look at your (spelled and used correctly) grammar problem just within this thread alone before making fun at others, at least I don't have problem with spelling or think judges starts or end wars.
      If you're going to type a wall of text critiquing grammar, make sure your grammar is correct.
    1. Norb's Avatar
      Norb -
      Quote Originally Posted by unison999 View Post
      Might want to look at your grammar problem just within this thread alone before making fun at others, at least I can spell and I don't think judges starts or end wars.
      Well obviously you can spell right, your browser has a little "squiggly line" under the things that are wrong. If you want go call people dumb, high school dropouts, and correct them on "coolaid" vs "koolaid" you might wanna put some effort into making sure your grammar is correct.

      I know judges don't start or end wars and I know this particular judge might not even like little boys. It was more of an attack on your personality, although I admit a weak one. Anyways I'm done; If you want to have a conversation or discuss something further message back but I really don't feel like going to "internet wars" over a dumb @ss joke I wrote.

      Have a good night...