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Apple and Google argue over which appeals court should hear their FRAND case

Posted: , by Alan F.

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Apple and Google argue over which appeals court should hear their FRAND case
Did you ever get the feeling that Apple and Google would argue against each other all day? One would say the sky is blue and other would say it's green. The latest argument between the two is related to a cross-appeal of a FRAND contract ruling that was made in November 2012 by the United States District Court for the Western District of Wisconsin. Apple appealed certain parts of the decision earlier this month with the Federal Circuit, which normally hears all U.S. Patent law. On the other hand, contract cases heard in the United States District Court for the Western District of Wisconsin are usually appealed to the Seventh Circuit.

Judge Barbara Crabb

Judge Barbara Crabb

On Friday, Google (and when we say Google with this case, we really mean its wholly owned subsidiary Motorola Mobility) filed with the Federal Circuit for a dismissal based on the court's lack of jurisdiction and requested that the Apple-Google cross appeal be sent to the Seventh Circuit. Google is appealing parts of Judge Barbara Crabb's contract related summary judgment decisions that she made in favor of Apple. Samsung is also appealing the fact that the decisions to dismiss some of Apple's claims were made without prejudice despite the judge's intent to have them dismissed with prejudice. This is the difference between Apple not being able to ever again refile some claims against Google after the judge threw them out (with prejudice) versus Apple having the right to refile the dismissed claims at another time (without prejudice).That one three letter word "out" means a lot to the case.

So why does the venue matter? Well,Samsung might feel that it will get a better ruling in the Seventh Circuit. Or, looking ahead, if Samsung loses, a ruling in the Seventh Circuit would be law inside the circuit, but might only have some persuasive value outside it. A loss in the Federal Circuit could affect all U.S. patent battles across the country, from sea to shining sea which could make future cases more difficult for Google, Samsung and other Android manufacturers if they take on Apple in court.

soure: FOSSPatents

13 Comments
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posted on 26 Jan 2013, 02:53 8

1. D.Aceveda (Posts: 351; Member since: 30 Jun 2012)


Take a walk Apple

posted on 26 Jan 2013, 06:49 3

8. Mxyzptlk (limited) (Posts: 2846; Member since: 21 Apr 2012)


This is another case of FRAND patent abuse. Apple is perfectly justifiable here.

posted on 26 Jan 2013, 08:58 8

9. tedkord (Posts: 3936; Member since: 17 Jun 2009)


If Apple were making their iphones out of the bones of orphans, you'd say they were perfectly justified.

But you're right, it is a case of FRAND abuse. Apple is abusing the FRAND system by refusing to pay the same rate as everyone else. This is their M.O. - steal or copy the work of others, and don't pay for it. Sue others for using rectangles with rounded corners, but actual tech without which their devices would be fancy paper weights should be free for them.

posted on 26 Jan 2013, 05:06 4

3. cheetah2k (Posts: 738; Member since: 16 Jan 2011)


Who the Fk really cares about this stuff anymore??

Apple - just die already

posted on 26 Jan 2013, 06:35 4

6. darkkjedii (Posts: 9313; Member since: 05 Feb 2011)


Your comment suggests u do. If u don't care, then why did u say just die already apple? That says u care that google wins.

posted on 26 Jan 2013, 06:45 3

7. dragonscourgex (Posts: 307; Member since: 16 Jan 2012)


I think most people now, care more for the whole court stuff to end. And let us choose in the market which companies make a better product. It is only logical that all smart phone will have similar features and regardless who make the phone, they will feel the same in some way. There's is really no way around this. I want to see Google win for the simple fact that it would be better for us. Were Apple will use the win to shrink the choices in the market. I don't like Apple or their products, but a lot of people do, so they should have that choice to buy Apple products. But, a lot of people all around the world prefer Android . Those people should not be hinder in getting the products they enjoy cause of the greed of one company.

posted on 26 Jan 2013, 13:37

12. umadd (banned) (Posts: 40; Member since: 25 Jan 2013)


You don't have a lot of friends, do you? You must have Asperger syndrome.

posted on 26 Jan 2013, 05:15

4. volcano (Posts: 227; Member since: 25 Jan 2013)


lol how sad is that

posted on 26 Jan 2013, 06:18 1

5. maxis3G (unregistered)


Apple and Google argue over which appeals court should hear their FRAND case...
which is which??

posted on 26 Jan 2013, 11:37 3

10. InspectorGadget80 (Posts: 5648; Member since: 26 Mar 2011)


Think apple needs to quit btchn in the court room &to learn to compete u greedy turd

posted on 26 Jan 2013, 12:38

11. jacko1977 (Posts: 377; Member since: 11 Feb 2012)


One would say the sky is blue and other would say it's green

its true colour is black

posted on 26 Jan 2013, 13:47 1

13. TheTruthSquad (Posts: 8; Member since: 31 Dec 2012)


Apple just throws s**t at the wall and sees what sticks.

posted on 26 Jan 2013, 15:04 1

14. MartyK (Posts: 669; Member since: 11 Apr 2012)


Google is NOT Stupid, they know which judges / Courts APPLE owes, hahahah
Take notes Samsung...always go with Seventh Circuit...hahahaha

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