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06-23-2012, 05:50 AM #1
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
06-23-2012, 06:46 AM #2
06-23-2012, 08:53 AM #3
Man that was a boring article😞💤💤
06-23-2012, 09:46 AM #4
i agree.. whatever.
06-23-2012, 11:44 AM #5
lol. Silly Apple.
06-23-2012, 02:45 PM #6
At last someone is seeing sense and stopping Apple bullying anyone who could be a rival to them
06-23-2012, 08:45 PM #7
I also agree, Whatever!
06-23-2012, 11:02 PM #8
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.
06-24-2012, 11:30 AM #9
what a waste time with this b... ****....
06-24-2012, 02:28 PM #10
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.El Zurdo
06-25-2012, 12:45 PM #11
Why even have patents if a judge can just rule that he doesn't want to enforce the law?
Last edited by znbl; 06-25-2012 at 12:49 PM.
06-25-2012, 03:20 PM #12If i helped, don't be afraid to hit the thanks button. It won't bite!!!!
How may I hack you?
06-25-2012, 04:26 PM #13
06-25-2012, 11:11 PM #14
06-26-2012, 12:02 PM #15
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.
Last edited by znbl; 06-26-2012 at 12:04 PM.