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  • 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
    This article was originally published in forum thread: Patent Case between Apple and Motorola Dismissed "With Prejudice" started by Akshay Masand View original post
    Comments 14 Comments
    1. hank197857's Avatar
      hank197857 -
      whatever ...
    1. bigliquid530's Avatar
      bigliquid530 -
      Man that was a boring article😞💤💤
    1. hitman10's Avatar
      hitman10 -
      i agree.. whatever.
    1. RICO_'s Avatar
      RICO_ -
      lol. Silly Apple.
    1. rickuk's Avatar
      rickuk -
      At last someone is seeing sense and stopping Apple bullying anyone who could be a rival to them
    1. mustard05's Avatar
      mustard05 -
      I also agree, Whatever!
    1. ddonuts4's Avatar
      ddonuts4 -
      Well I'm slowly learning that patents mean nothing in the digital age. Any company can get around them and copy another company's ideas and get away with it. Apple patented the hell out of the iPhone and it was copied months later. Maybe Apple should just settle down and realize this sad truth.
    1. jrrtps's Avatar
      jrrtps -
      what a waste time with this b... ****....
    1. iLoveWindows&iPhone's Avatar
      iLoveWindows&iPhone -
      Quote Originally Posted by ddonuts4 View Post
      Well I'm slowly learning that patents mean nothing in the digital age. Any company can get around them and copy another company's ideas and get away with it. Apple patented the hell out of the iPhone and it was copied months later. Maybe Apple should just settle down and realize this sad truth.
      I have had the same sad revelation. This judge completely contradicts himself, and makes me question the entire idea of patents.

      He says Apple should license the patents to Motorola, which obviously implies he believes Motorola IS infringing on Apples patents..... But then he basically says "Oh well, sucks for you Apple", when he states it would be "catastrophic for the consumer" to order Motorola to stop stealing from Apple.

      So this judge is saying its okay for a company to steal another companies patened technology/ideas, as long as the thievery benefits the consumer. How does this make any sense?? Patents exist to protect a companies/persons intellectual property.....NOT the consumer.

      I don't have a lot of knowledge of patents and law, but I know enough to see that this ruling clearly gives a big "F you" to patents and patent holders. Why even have patents if a judge can just rule that he doesn't want to enforce the law? And instead suggests that the patent holder should license out THEIR patent, just because he doesn't want to deal with it anymore.

      It just doesn't seem fair to me... Its not about Apple vs Motorola, it just seems wrong. Thank god the guy from that movie Flash Of Genius didn't have this judge.
    1. znbl's Avatar
      znbl -
      Quote Originally Posted by iLoveWindows&iPhone View Post
      He says Apple should license the patents to Motorola, which obviously implies he believes Motorola IS infringing on Apples patents.....
      The judge telling Apple that they should try licensing to others is another way of saying "try to work out your problems yourself."

      Why even have patents if a judge can just rule that he doesn't want to enforce the law?
      Are you saying that a judge in a court of law shouldn't be able to stop abuse when they see it? Are you unaware of how vague so many of these patents are that are held by Apple, as well as others, are? The vast majority of these patents should never have been granted in the first place, based on their vagueness alone. Patents are supposed to be well defining documents, not something that covers such a wide and often difficult to interpret spectrum, and it just comes to show how flawed the patent system has become. Plain and simple, competition should not be held up by the legal system unless real damages can be proven, and Apple failed to do that.
    1. ddonuts4's Avatar
      ddonuts4 -
      Quote Originally Posted by znbl View Post
      The judge telling Apple that they should try licensing to others is another way of saying "try to work out your problems yourself."

      Are you saying that a judge in a court of law shouldn't be able to stop abuse when they see it? Are you unaware of how vague so many of these patents are that are held by Apple, as well as others, are? The vast majority of these patents should never have been granted in the first place, based on their vagueness alone. Patents are supposed to be well defining documents, not something that covers such a wide and often difficult to interpret spectrum, and it just comes to show how flawed the patent system has become. Plain and simple, competition should not be held up by the legal system unless real damages can be proven, and Apple failed to do that.
      Would you care to tell me who sent over a year on iOS and the iPhone, only to be copied within months? I don't care how vague the patents are, or what this judge should have done, my point is that patents appear to be meaningless now. No matter what original idea you come up with, someone will always find a way to copy it, getting around your patent.
    1. arem's Avatar
      arem -
      Quote Originally Posted by znbl View Post
      The judge telling Apple that they should try licensing to others is another way of saying "try to work out your problems yourself."

      Are you saying that a judge in a court of law shouldn't be able to stop abuse when they see it? Are you unaware of how vague so many of these patents are that are held by Apple, as well as others, are? The vast majority of these patents should never have been granted in the first place, based on their vagueness alone. Patents are supposed to be well defining documents, not something that covers such a wide and often difficult to interpret spectrum, and it just comes to show how flawed the patent system has become. Plain and simple, competition should not be held up by the legal system unless real damages can be proven, and Apple failed to do that.
      You clearly have no idea what patents were put in place to do.

      Start here: Watch | Everything Is a Remix
    1. ddonuts4's Avatar
      ddonuts4 -
      Quote Originally Posted by arem View Post
      You clearly have no idea what patents were put in place to do.

      Start here: Watch | Everything Is a Remix
      That makes perfect sense lol.
    1. znbl's Avatar
      znbl -
      Quote Originally Posted by ddonuts4 View Post
      Would you care to tell me who sent over a year on iOS and the iPhone, only to be copied within months?
      You're seriously trying to say Apple developed the iPhone all buy them selves and never copied any elements from others like the LG Prada that came out before it? Your ignorance is astounding. For starters, FingerWorks developed the touch and gesture features that the iPhone, and there are other elements and ideas that were either acquired or copied outright.

      I don't care how vague the patents are, or what this judge should have done, my point is that patents appear to be meaningless now. No matter what original idea you come up with, someone will always find a way to copy it, getting around your patent.
      If they are meaningless, it's because of the misuse of the system by entities like Apple, who file 200+ patents, the majority of which are way too vague and should never have been granted, to say nothing about the ones for ideas that they outright copied from others.