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Apple lawsuit against Googerola thrown out with prejudice

Apple lawsuit against Googerola thrown out with prejudice
Apple’s U.S. lawsuit against Google/Motorola in the state of Wisconsin has gone down in flames, as U.S. District Court Judge Barbara Crabb dismissed the entire case with prejudice before the trial could formally get underway. As in another case dismissed with prejudice earlier this year, and Apple’s lost rights to the iPhone name in Mexico last week, the details of what happened make it hard to avoid feeling that Apple’s own hubris (or at least that of their lawyers) may have cost them dearly.

The trial in question involved FRAND patents; specifically Apple was claiming that Motorola was abusing them and that Motorola should be forced to offer Apple a license to those standards essential patents (and possibly pay Apple punitive damages). The trouble started last week, when Apple submitted a motion indicating that while they wanted the court to force Motorola to make a court-determined licensing offer, Apple was not willing to agree to take that offer if the court found that the fair price was more than $1 per phone.

In other words, Apple wanted the court to force Motorola to offer a “fair deal”, but to leave Apple with the right to reject the deal if Apple didn’t think it was fair. Judge Crabb, who had previously seemed quite intent on getting this situation solved, was suddenly left with the possibility that the entire trial could finish with Apple simple walking away from the verdict if they didn't like it. As a result she accused Apple of using the trial as a global bargaining chip rather than a way to solve the problem – a claim that is hard to refute given the lopsided treatment that Apple was demanding. She asked for clarification from both sides, and with Apple still being wishy-washy on whether it would be bound to any court-determined agreement, she dismissed the case with prejudice this morning.

The result is that Apple not only failed to get the ruling it wanted, it cannot file the same case against Google in any other court (although it can appeal the ruling to a higher court, which it undoubtedly will). In contrast, Microsoft is also suing Motorola on FRAND abuse charges but has agreed to be bound to whatever licensing agreement the court deems to be fair. And as a result that trial is going ahead as scheduled. Given these two different attitudes it’s hard not to come away feeling like Microsoft really wants to have the issue settled, while Apple simply wants to only expose itself to “heads I win, tails you lose” types of situations.

Even in the Apple v. Samsung case the judge frequently admonished Apple’s lawyers for their overbearing requests, and of course they were censured recently by a UK judge for their pseudo-apology they posted that directly contravened a judicial order. We aren’t lawyers, but it seems like the cumulative impact of these rulings is reinforcing an undesirable stereotype about Apple that could eventually hurt its brand. And at the least it seems to have cost them at least two trials in the U.S. alone.

Tell us what you think about Apple’s legal strategy in the comments below.

sources: Reuters, Groklaw

68 Comments
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posted on 05 Nov 2012, 15:50 73

1. jmoita2 (Posts: 930; Member since: 23 Dec 2011)


lol!!! Finally, it seems tha judges all over the world are finally waking up to Apple's underhandedness...

posted on 05 Nov 2012, 16:03 38

5. Non_Sequitur (Posts: 1111; Member since: 16 Mar 2012)


You reap what you sow, I guess.

posted on 05 Nov 2012, 16:23 30

9. Droid_X_Doug (Posts: 5282; Member since: 22 Dec 2010)


Especially when you piss off the judge....

posted on 05 Nov 2012, 16:23 30

10. MeoCao (unregistered)


Haha, Apple must think b-c they can charge $30 for a connector they are the supreme authority in the world.

Judge Koh was right they are all smoking crack in Cupertino.

posted on 05 Nov 2012, 16:59 33

24. PhenomFaz (Posts: 1059; Member since: 26 Sep 2012)


Apple is becoming synonymous with patent jokes these days :)
Apple = Patent Joke! (patent pending)

Crappy Apple wants to sue others when they use something which belongs to or is similar to Apple's stuff but when Apple wants to steal something that belongs to someone else they take them to court and demand that they be allowed a license!!!
Freakin' Insane!

Apple you just got shred...I'm Lovin' It :)

posted on 05 Nov 2012, 17:32 13

27. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


And guess what? after all that, there a 5 Apple fans on PA which still supports them, how so low can they go, turns out there brainwashed iZ0mb!€$!

posted on 05 Nov 2012, 18:48 10

46. joey_sfb (Posts: 1973; Member since: 29 Mar 2012)


The five of them are smoking cracks too!

posted on 05 Nov 2012, 16:16 10

8. AnTuTu (Posts: 599; Member since: 14 Oct 2012)


This one freakin cracked me up. Poor A 4 Apple.

Love you Google :)

posted on 05 Nov 2012, 16:24 5

12. MeoCao (unregistered)


Yeah yeah yeah

posted on 05 Nov 2012, 16:42 15

18. Nathan_ingx (Posts: 2964; Member since: 07 Mar 2012)


"What you gonna do?
What you gonna do?
When they come for you... Bad boys, bad boys."
I think i'll start writing a funeral song for Apple.

posted on 05 Nov 2012, 17:34 6

29. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


Will the realiz00mb!3$ please stand up, please stand up.

posted on 05 Nov 2012, 21:08 2

65. soshi (Posts: 154; Member since: 08 Mar 2012)


Sound like Ns-yoonji - The reason apple becomes iwitch?

posted on 05 Nov 2012, 20:11 2

63. cheetah2k (Posts: 737; Member since: 16 Jan 2011)


"impact of these rulings is reinforcing an undesirable stereotype about Apple that could eventually hurt its brand"

.... could already happen??? WTF?

Fact - This has been happening ever since the Apple v Samsung rubbish started.

posted on 06 Nov 2012, 14:46

73. -box- (Posts: 3565; Member since: 04 Jan 2012)


@cheetah: before, really. Pretty much the apple vs Nokia battle that apple lost seemed a point where they started trying to bully through legal means rather than financial ones. Cisco seemed to be the start of the snowball.

posted on 05 Nov 2012, 15:54 33

2. XPERIA-KNIGHT (Posts: 2384; Member since: 08 Aug 2012)


Some body has to put these high school bullies in there place man.........good news

posted on 05 Nov 2012, 15:57 1

3. json2181 (Posts: 2; Member since: 05 Nov 2012)


Google I am your Father.

posted on 05 Nov 2012, 16:01 23

4. pkiran1996 (Posts: 160; Member since: 22 Oct 2011)


Hmm how to describe Apple's legal strategy... Desperate? Pathetic? Greedy?

posted on 05 Nov 2012, 16:30 16

14. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


Really bad news for Mxyzptlk Wendygarret serious9010 Quakan Darkjedi and Gallitoking. The only reason you win in your own statrs due to bribery, i assume and believe.

posted on 05 Nov 2012, 16:39 2

16. gallitoking (Posts: 4630; Member since: 17 May 2011)


and what did you win again?...

posted on 05 Nov 2012, 16:44 24

19. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


Pride respect honuriszm . unlike shame, o wait what shame Apple dont have no selfrespect, rotten cowards. Hahahaha everyone the world will be laughing.

posted on 05 Nov 2012, 16:55 3

21. gallitoking (Posts: 4630; Member since: 17 May 2011)


wow.. not even going to answer that.. lost all respect for you..

posted on 05 Nov 2012, 17:30 11

26. Droiddoes (unregistered)


Oh no, he lost the respect of a certified idiot who cannot even form a complete sentence, whatever will he do?

posted on 05 Nov 2012, 17:36 1

32. gallitoking (Posts: 4630; Member since: 17 May 2011)


check your inbox for a PA warning

posted on 05 Nov 2012, 17:43 16

36. Sniggly (Posts: 6489; Member since: 05 Dec 2009)


Wow. Gallito, you act like a jerk toward most everyone on here, and now you're reporting someone who calls you out on it? That's f**king low class, man.

posted on 05 Nov 2012, 17:48 12

37. chaoticrazor (Posts: 2347; Member since: 28 Aug 2012)


That's what trolls do, but when someone calls them on it they suddenly act the victim and all innocent

Pathetic just doesn't begin to describe that troll, his apple cheerleaders will cheer for him

posted on 05 Nov 2012, 18:12 6

39. Non_Sequitur (Posts: 1111; Member since: 16 Mar 2012)


He doesn't troll as much anymore and comments from Android fans on here have gotten even more ridiculous than the comments of Apple fans lately.

I think we should all stop this crock of BS and enjoy the new technology which we all evidently have a mutual passion for.

Jesus, people.

posted on 05 Nov 2012, 18:46 2

45. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


is that you Non-Sequitr...? Wonder what happened to you? Your posts and comments were different 2 months ago, you were supporting Droid, now you've become more like Chaoticrazor, wonder why? i assume due to PA banneds....?

posted on 05 Nov 2012, 19:02 7

50. lyndon420 (Posts: 1641; Member since: 11 Jul 2012)


When apple stops suing the world, I'm sure you'll see fewer Android users on here bashing apple. At the same time PA will be letting some of their commentators go due to a lack of compelling articles when that happens.

posted on 06 Nov 2012, 07:09

70. jroc74 (Posts: 3977; Member since: 30 Dec 2010)


Truth, seriously.

I hate that it seems like I cant even comment in Apple articles because its like the Hatfields n McCoys....

posted on 05 Nov 2012, 18:44 2

44. gallitoking (Posts: 4630; Member since: 17 May 2011)


I never report anyone. dont play that game, but calling people's name is something PA doesn't tolerate.. trust I have gotten a few warnings because of that.. but whatever.. dude

posted on 05 Nov 2012, 19:45 1

56. Sniggly (Posts: 6489; Member since: 05 Dec 2009)


You generally don't get warnings or moderated unless idiots report you. Your post indicated you were going to report him.

posted on 05 Nov 2012, 19:55 3

61. Droiddoes (unregistered)


It's all good my friend!

.....

this^^^^ is me caring. Actually I do care a little, if gallito was riled up enough to report me that just means I really got his goat LMAO.

posted on 05 Nov 2012, 19:52 2

60. Droiddoes (unregistered)


Oh no, I'm getting warned by PA but am able to communicate my thoughts and feelings in an articulate, grammatically correct way, whatever will I do?

Check your brain for a tumor, that is literally the only excuse for typing and communicating the way you do.

posted on 05 Nov 2012, 17:35 3

30. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


You must love getting thumbs down....?

posted on 05 Nov 2012, 17:37 1

33. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


Galli dont take it to personally.....!!!! cool, take it easy, "Chill"

posted on 05 Nov 2012, 18:10 3

38. Non_Sequitur (Posts: 1111; Member since: 16 Mar 2012)


I agree.
I had to take a few minutes to figure out what he was saying. His comment makes Android fans look bad.
He gets "pride respect honuriszm" or whatever because Google puts out a good line of products? What did he do to help them make it?
Guh. I feel bad that you have to deal with this crap, gallito.

posted on 05 Nov 2012, 18:55 1

49. lyndon420 (Posts: 1641; Member since: 11 Jul 2012)


Let's not focus on respecting people with bad grammar. How about the judicial system though...they're getting more and more of my respect with each passing PA article.

posted on 05 Nov 2012, 19:59 1

62. Droiddoes (unregistered)


It's not just his grammar. It's his spelling, sentence structure, word choice, improper to non existent use of punctuation, syntax etc etc etc etc. It is really difficult to figure out what the hell it is trying to say. I mean obviously the gist is "androyd....suk....apple iz....gud" but FFS pick up a book or something. I would be extremely embarassed if I presented myself and my obvious lack of education to the world in the manner that he does.

posted on 05 Nov 2012, 20:17 1

64. tedkord (Posts: 3915; Member since: 17 Jun 2009)


Maybe English isn't his first language. I know sometimes auto correct makes my posts indecipherable.

Personally, I think that when we focus on things like spelling and grammar, it detracts from the whole discussion.

posted on 05 Nov 2012, 18:29

40. rusticguy (Posts: 2810; Member since: 11 Aug 2012)


Let's talk Apple ... what did they win besides being INSULTED ... yes insult seems to be as good as an honour for them so they keep asking for more and more.

posted on 05 Nov 2012, 19:23 2

54. tedkord (Posts: 3915; Member since: 17 Jun 2009)


We all win with this outcome. The sooner all of Apple's silly litigation is dismissed, the sooner everyone can get back to concentrating on innovating. That means we all get better devices sooner.

posted on 05 Nov 2012, 16:04 9

6. TylerGrunter (Posts: 782; Member since: 16 Feb 2012)


Not wanting to point fingers, but it really feels diffent depending on who writes certain articles here in PA :)
By the way, I liked this one, keep covering the Apple court cases Scott, pleeeaaase!

posted on 05 Nov 2012, 16:10

7. Droiddoes (unregistered)


HAW-HAW!!!

posted on 05 Nov 2012, 16:24

11. -box- (Posts: 3565; Member since: 04 Jan 2012)


YEEEEEEEAAAAAAAAHHHHHH!

posted on 05 Nov 2012, 16:25 1

13. Tsepz_GP (Posts: 664; Member since: 12 Apr 2012)


Apple being owned in their own game, its a damn shame. Glad these judges are beginning to see right through their BS.

posted on 05 Nov 2012, 16:33 3

15. Bernoulli (Posts: 1399; Member since: 01 Sep 2012)


I like these lately named judges, unlike judge koh who was bought by Apple lol

posted on 05 Nov 2012, 16:41 6

17. Sniggly (Posts: 6489; Member since: 05 Dec 2009)


Cue Mxy coming in to complain that Apple isn't being treated fairly and that FRAND patents can't be used to collect royalties period.

posted on 05 Nov 2012, 16:55 1

22. androiddownsouth (Posts: 598; Member since: 02 May 2012)


I'm sure he will show up soon doing just that unless he's been given a vacation via the moderators.=P

posted on 05 Nov 2012, 18:33 6

43. tedkord (Posts: 3915; Member since: 17 Jun 2009)


Didn't you know that FRAND stands for Free is Reasonable if Apple Needs it for Devices?

posted on 05 Nov 2012, 18:51 1

48. androiddownsouth (Posts: 598; Member since: 02 May 2012)


Nice. +1

posted on 05 Nov 2012, 16:52 3

20. jroc74 (Posts: 3977; Member since: 30 Dec 2010)


Good, one less lawsuit to hear about.

What I think about Apple's legal strategies? I would say, but there might be minors reading this article...... : )

Glad that Apple is not allowed to just have its way in the court rooms. Fight by innovating, not ligating...

posted on 05 Nov 2012, 16:59

23. jroc74 (Posts: 3977; Member since: 30 Dec 2010)


lol......meant to say litigating....

posted on 05 Nov 2012, 17:28 3

25. Aeires (unregistered)


Can't try the case in any other state, SCORE! All Apple needed was a tiny bit of humility, instead they brought tons of arrogance and are now seeing people are fed up with it. You can't fight you way to the top, you'll get pummelled by all the opposition you stepped on along the way.

posted on 05 Nov 2012, 17:32

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


Judge Koh should start hanging out with Judge Crabb. This was a good call on Judge Crabb part. I believe a lot of the hate for Apple would stop, if they would quick all this court bull.

posted on 05 Nov 2012, 17:36 1

31. androiddownsouth (Posts: 598; Member since: 02 May 2012)


That's just it. Most of my disdain for Apple comes from their arrogant behavior and their desire to litigate other companies into submission. I want Apple to be competitive and offer great products, but through innovation and kick a$$ products, not through lawyers and courts. I prefer PC's and Android, but choices are good, and what works for me may not be the preference of another.

Life would be really really boring if we all liked the same stuff, ya know?

posted on 05 Nov 2012, 17:39

34. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


i like that™®© +1

posted on 05 Nov 2012, 19:12 1

52. PapaSmurf (Posts: 6621; Member since: 14 May 2012)


I'm an Android guy, but I rather have a Mac than a PC. Just my opinion though. :

posted on 05 Nov 2012, 19:46

57. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


I'd rather have a Sony Vaio than A Mac.

posted on 05 Nov 2012, 21:29

66. firelightx (Posts: 71; Member since: 13 Oct 2011)


Apple really could take a benefit from Google's approach.

In July, Google unveiled it's Google Now system, with a competitor to Siri. Late last year they unveiled Chrome, a browser for phones that blew most of the browser competition out of the water. And Google+, a systm that could let 10 phones video chat with each other at the same time.

All of this could have been android exclusive. Some would argue that it should have. But Google gave it all to the iPhone anyway. olive branch after olive branch, all in the name of letting people use their products how they liked.

Whatever your thoughts on Google might be, you have to respect the idea of allowing people to do things the way they prefer, use the products they prefer, and trying to better fit into that lifestyle.

posted on 05 Nov 2012, 18:30 4

41. tedkord (Posts: 3915; Member since: 17 Jun 2009)


It's always gratifying to see blind arrogance slapped down. Apple's attitude is disgusting. " the court has the authority to rule in our favor, but we have the right to just ignore it if they rule against us."

Translation: We are above the law.

Gratifying indeed.

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