Patent Case between Apple and Motorola Dismissed "With Prejudice"
Judge Richard Posner recently dismissed Apple’s smartphone patent claims against Motorola “with prejudice.” For those of you who aren’t familiar with the terminology, it means that the assertions can’t be reargued in front of that particular court.
In the past, Judge Posner temporarily canceled Apple’s trial in early June citing lack of injury but decided to rehear the case two weeks later. During the second hearing Apple argued for injunctive relief against Motorola’s alleged infringement on four patents which involved heuristics, UI elements, and wireless technology. The court was not keen on the assertions nor Apple’s injunction request where the Cupertino California company asked Motorola to switch to its own solution within three months. Based on the court documents, Judge Posner recommended that Apple license the technology to Motorola. He saw an injunction being “catastrophic” and harmful to consumers noting that issuing an injunction wouldn’t necessarily stop Apple from reasserting the same claims when Motorola switched to another solution three months later.
According to Judge Posner, "it would be ridiculous to dismiss a suit for failure to prove damages and allow the plaintiff to refile the suit so that he could have a second chance to prove damages. This case is therefore dismissed with prejudice; a separate order to that effect is being entered today." The ruling ends one legal battle that Apple had been fighting in but there are still many patent infringement cases on the horizon.
Source: The Verge