Judge Who Junked Apple vs. Motorola Makes Headlines Himself
Last month, MMi reported
that Apple’s patent-infringement jury trial against Google-owned Motorola Mobility was effectively "cancelled" by the presiding judge. The trial was set to begin the following week.
At the 11th hour, U.S. Circuit Judge Richard A. Posner rejected each side’s damages arguments. “You have to prove injury,” Posner said. “I’m sorry that it seems to be petering out like this.” Posner’s ruling subsequently scrapped what would have been a major patent showdown between the two tech giants.
This week, however, Posner is back in the headlines. And this time, he's the one making them. In one especially provocative portion of his interview with Reuters, Posner questioned the value of patents in many instances. "It's not clear that we really need patents in most industries," Posner said.
A well-respected judge and widely-cited legal scholar, Posner suggests that power and money are the motivating forces behind many patent disputes that otherwise are petty and downright silly. He says the "technology industry's high profits and volatility made patent litigation attractive for companies looking to wound competitors." Let's not forget that it was Posner who, in May, told Apple's lawyers that their filings were "frivolous" and "untimely."
"It's a constant struggle for survival," Posner said of the competing forces constantly at odds over patents. "As in any jungle, the animals will use all the means at their disposal, all their teeth and claws that are permitted by the ecosystem."
To read the full report from Reuters, click here