Apple vs. Motorola thrown out of court

Apple vs. Motorola thrown out of court

U.S. federal court judge Richard Posner followed up his earlier, tentative dismissal of the Apple vs. Motorola patent suit with a full on "get off my lawn" dismissal of the entire case. Chris Ziegler of The Verge reports:

For Motorola, Posner's ruling is huge: it had been hanging on by a thread with just one patent remaining in the fight — a standards-essential patent for GSM that Apple claimed wasn't actually used in practice — and a full ruling in Apple's favor could've put the newly-minted Google subsidiary in the precarious position of facing a portfolio-wide product ban until it could design around Apple's claims. In the end, Posner seemed frustrated at Apple's inability to offer hard numbers: "Both parties have deep pockets," he says in his 38-page decision. "And neither has acknowledged that damages for the infringement of its patents could not be estimated with tolerable certainty."

The case, in courts since 2010, saw claims on both sides hacked away over time. Motorola issued a statement saying they're pleased, and will continue to defend themselves against Apple's violation of their patents. Apple, for their part, had no comment but will likely appeal.

The more things change, the more they stay the same...

Motorola is notably different from other Android licensees now that it's owned by Google, but Apple vs. Motorola will still play out globally, as will Apple vs. Samsung and Apple vs. HTC.

Rightly or wrongly, Apple's late co-founder, Steve Jobs believed Google betrayed Apple, stole core concepts from the iPhone, and gave them away to everyone. Current Apple CEO, Tim Cook, has less passionately but just as assuredly said Apple can't be the developer for the world, and competitors need to come up with their own inventions and not just duplicate Apple's.

Since all the companies involved have billions in the bank, none of this will be truly over for a good, long time.

You can check out the specific documents for this case via the link below.

Source: The Verge

Rene Ritchie

Editor-in-Chief of iMore, co-host of Iterate, Debug, Review, The TV Show, Vector, ZEN & TECH, and MacBreak Weekly podcasts. Cook, grappler, photon wrangler. Follow him on Twitter and Google+.

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Apple vs. Motorola thrown out of court

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Rene, did you read the decision in question? After reading the decision, I'd have to say Posner, one of the most respected jurists in the US, was correct. Apple didn't prove they were harmed by Motorola in this case, and Moto likewise failed to establish how they were harmed by Apple. If no harm can be proven, there's no legal case, period.

I don't disagree, I also don't think it will deter either party from continuing suit until they've exhausted all options, or all patents are either licensed or thrown out.
They have too much money, and the market is too valuable to them.

If the market is so valuable, and yet they cannot or will not estimate damages, then they are almost by definition on a legal fishing expedition, and such trolling should be not just dismissed, but punished.

Anyone want a proof of fanboyism on imore, see how this news is reported on AndroidCentral and here. While AC has been happy to get this thrown out and summarize it by saying we customers won in this, imore couldn't report it without taking a dig. This is reported here as if Apple is the only innovative company and does development of everything innovative in the world. Again Apple makes great products. Enjoy them but don't worship them. Give respect to what competition is doing. Competition is always good of the customer.

I think in this case I have to disagree. I haven't read AC's report but iMore, in this case, isn't doing biased reporting IMHO. I am a GNex owning, no Apple product owning or wanting, reader btw. My reading of this article was that it was impressively neutral. Even a bit tired of the ongoing spats. "Rightly or wrongly..." this is their opinion and this is the way they operate. And I think judges are also getting patent lawsuit fatigue when seeing the same companies before them, and are very aware of what power plays the companies are making.
Very neutral reporting in a bipolar fanboi world. I think, anyway. :-)

Here here. Just the thought of a techie siding with a company raking in billions upon billions yet trying to stifle competition and innovation that benfits the consumer because it hasn't been able to innovate in years sickens me.

Yes, you caught me, my factual statement of Apple's often-repeated point of view, along with my exasperation that we won't see any end to these suits for some time to come are clearly indicative of "fanboyism" (whatever that is -- hopefully an adult beverage of some kind?)
Unless and until you guys can actually troll well, please troll elsewhere :)

Can you please tell me what in my comment looks like trolling? I am not Apple hater and actually likes their products just like I like Google and Samsung. But that doesn't mean I have to worship them and defend all of their actions whether right or wrong. When you quoted Jobs you did say right or wrong but what about Tim cook. Do you really think Apple is developer of the world? Also as much I am entitled to express my view you are also. But see reply of cleargrey. He didn't agree with me but said that positively and didn't label me troll. Experience for you don't mind ant constructive criticism then I can go somewhere else.

Because this guy doesn't agree with you and has his on opinion he is a troll? He visits this site and reads your stenographer notes. Fail man epic fail.

this is a rather straightforward decision. It is based on very basic jurisprudence: You have to prove you were harmed. That is you need to prove damages. It's like if someone taps your bumper with their car but doesn't even blemish the paint or make a mark. You can't sue them to fix what was never broken. Judge told them to prove damages and both sides offered their theories of how to calculate the damages and the judge said generally, "that makes little sense and it's inconsistent." And thus the he dismissed the case with prejudice. But they barely even touch the merits of the case so there's little need for either side to be puffing out their chests.

just as Jason replied I'm blown away that a person can get paid $9505 in 4 weeks on the internet. have you read this site link makecash16com

Now if other judges would go with this maybe apple would stick to making their products even better rather than sitting back and relying on lawsuits.