Judge Posner is brilliant, dismisses Apple/Motorola patent dispute

Judge Posner is brilliant, dismisses Apple/Motorola patent disputeSlow news day, so time to catch up on Apple and Motorola’s patent-related bickering. This particular case had been dragging on since 2010, but Judge Posner has finally had enough.

Having tentatively dismissed the case a couple of weeks ago, Posner has now dismissed it entirely.

By the sounds of things, Posner has about as much time for patent nonsense as we do, and it’s probably fair to say he’s quite unsympathetic.

"Both parties have deep pockets," says Posner, in his 38-page decision. "And neither has acknowledged that damages for the infringement of its patents could not be estimated with tolerable certainty."

He continues: "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."

Needless to say, Motorola was quite happy with the decision. A statement reads: “We are pleased that Judge Posner formally dismissed the case against Motorola Mobility. Apple's litigation campaign began with their attempt to assert 15 patents against us.

“As it relates to Apple's violation of our patents, we will continue our efforts to defend our own innovation.”

One patent case down, 6,346,102 to go…

via: The Verge

Read more about: AndroidiOS

Add a comment
21 comments

Treab  Jun. 25, 2012 at 14:15

6,346,103 actually lewis ;) do keep up old boy.

JanSt / MOD  Jun. 25, 2012 at 14:21

6,346,103 actually lewis ;) do keep up old boy.
The DHD can only display 6 digits :p

Treab  Jun. 25, 2012 at 14:22

is that because the battery dies before finding the seventh?

JanSt / MOD  Jun. 25, 2012 at 14:27

is that because the battery dies before finding the seventh?
Yes, it makes Sense ™

matt101101 / MOD  Jun. 25, 2012 at 14:27

On a serious note, from what I know, Judge Posner is very highly respected. When he says things, people (namely other judges and the legal profession in general) have a tendency to listen. This hopefully means that Judge Koh (who seems to deal with a lot of patent trials), will follow suit and begin dismissing these baseless, money-grabbing cases from her court, too.

JanSt / MOD  Jun. 25, 2012 at 14:55

Posner is apparently the 'most cited' legal mind - respected? He's defended US torture on many occasions. So: meh...

Treab  Jun. 25, 2012 at 15:00

hows he defended that? he should be removed as a judge then ITS UNCONSTITUTIONAL hell it was considered wrong hundreds of years ago...

matt101101 / MOD  Jun. 25, 2012 at 15:13

Treab, I think Jan's idea of torture and US law's idea of interrogation, clash. Anyway, lets keep this on the subject of patents and not go off on an ethical tangent about the US' treatment of criminals (I'd assume terrorists).

People listen when Posner speaks, in the legal profession that tends to be a good thing, especially when it comes to these stupid patent cases crawling back under the rock from whence they came.

JanSt / MOD  Jun. 25, 2012 at 15:16

Exactly, lets stay on topic: ....

Treab  Jun. 25, 2012 at 15:16

No they dont matty. The usa admit that what Guantanamo does is torture (usually innocent people) thats why its in cuba 'out of our jurisdiction' water boarding psychological torture etc are just pure evil and america wonders why 'terrorists' target them.

Treab  Jun. 25, 2012 at 15:19

Exactly, lets stay on topic: ....

rich :p

JanSt / MOD  Jun. 25, 2012 at 15:24

No they dont matty. The usa admit that what Guantanamo does is torture (usually innocent people) thats why its in cuba 'out of our jurisdiction' water boarding psychological torture etc are just pure evil and america wonders why 'terrorists' target them.

Yes, and Posner calls it torture - and sometimes it needs to be done... very cute.
Now, where's the on-topic?

Treab  Jun. 25, 2012 at 15:28

Your the one who dragged it off topic ;)

And it never needs to be done...

matt101101 / MOD  Jun. 25, 2012 at 15:33

And it never needs to be done...
What if the torture of one guilty man could have prevented the Twin Towers attack, or the London Underground attack, or the Madrid Train bombing, or the Bali nightclub bombing?

(I don't sympathise with torturers, I just think blanket statements are rarely the best way to deal with any issue).

JanSt / MOD  Jun. 25, 2012 at 15:40

Topic topic topic!!!
Also: torture doesn't work. Morals aside ;) Asch has shown you needn't even use unusual force to make people tell you whatever you want to hear.
And: if torture is okay, why not extrajudicial revenge? Oh, wait, yeah...

Stop watching 24!

JanSt / MOD  Jun. 25, 2012 at 15:43

Topic! Apple vs Motorola!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

http://icanhascheezburger.files.wordpress.com/2009/06/funny-pictures-kitten-has-a-wedgie.jpg

Treab  Jun. 25, 2012 at 15:46

And it never needs to be done...
What if the torture of one guilty man could have prevented the Twin Towers attack, or the London Underground attack, or the Madrid Train bombing, or the Bali nightclub bombing?

(I don't sympathise with torturers, I just think blanket statements are rarely the best way to deal with any issue).


remind me how many people were tortured for that info .. oh yeah hundreds if not thousands did it work? like hell did it..

Fact of the the matter is the only way to get the info about these attacks would be to get the leader of the cell who most people dont even know. only they know the dates of the attacks/how/where and why the rest are pawns. its that classic idea is it ok to say torture jan to find out the location of a nuke knowing their is a possibility he A) won't know where it will happen B) When it will happen C) He might not even be involved...

The fact of the matter is Torture does not and has not ever worked. People will say anything to get it to stop even if its untrue (Look at ww2 and its usage by the gestapo)

Reverse psychology getting into their head by other means is a far better method...

Treab  Jun. 25, 2012 at 16:09

Topic! Apple vs Motorola!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

http://icanhascheezburger.files.wordpress.com/2009/06/funny-pictures-kitten-has-a-wedgie.jpg


http://t1.gstatic.com/images?q=tbn:ANd9GcQrj3lV74fNfrdHcqPGV0w5mexNSXSunVQQHGj1Tjxd5Ms87_Wzhg

JanSt / MOD  Jun. 25, 2012 at 16:19

TREAB!

Wonder what Posner would argue if Pakistanis tortured US soldiers to find out how to stop the illegal drone terror attacks?

Treab  Jun. 25, 2012 at 16:26

He would say its illegal no doubt it doesn't fit into his sensitivities...

Pondlife  Jul. 13, 2012 at 11:25

Email:

You don't need an account to comment. Just enter your email address. We'll keep it private.

Comment: