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Apple receives nastygram from judge in Motorola lawsuit

Posted: , by Scott H.

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Apple receives nastygram from judge in Motorola lawsuit
While the mobile patent wars rage across Europe and Australia, we have been quietly inching closer to a titanic battle that will take place in U.S. court this summer between Apple and Motorola, who will engage in back-to-back patent lawsuits in Chicago. Those cases will both be presided over by highly regarded Judge Richard Posner. The pretrial phase is usually not all that eventful – both sides work with the judge on claim construction, the process of defining exactly what each patent does and does not cover.

“Usually” does not mean “always” though, and Apple seems to have committed a serious gaffe that drew the ire of Judge Posner. Despite a claim construction phase that has largely sided with Apple, the lawyers from Cupertino decided to file a motion for reconsideration, raising three issues they wanted the judge to reconsider.

Judge Posner released a three page decision rejecting Apple’s motion, laying into them in a way not often seen in IP lawsuits. The judge refers to Apple’s motion as “troubling”, chiding them for wasting the court’s time. He goes on to explain that Apple seems to have completely misunderstood the claim construction ruling they questioned, as they actually quote Motorola’s brief rather than Posner’s ruling. And when they did quote Posner, it was from an entirely different claim construction.

The final argument attempted to introduce an entirely new claim, which was rejected out of hand, since you cannot introduce new claims this late in the lawsuit (and never in a motion for reconsideration). Coupling this apparent disregard for the rules with the other two claims that simply misstated Judge Posner ruling irritated him enough to write:

Apple presumably spent a nontrivial amount of time drafting its order, and now I have done the same in responding to it. Yet it seems that Apple brought about this expenditure of scarce resources without first making a careful reading of the page or so of my order against which this motion is launched. Such inconsiderate sloppiness is unprofessional and unacceptable.

Obviously this won’t determine the final outcome of the Apple v Motorola lawsuits, but it’s never a good idea to piss off the presiding judge before you can even get your case in front of a jury. Whatever Apple’s lawyers hoped to accomplish with their motion clearly backfired, and they might want to tread a bit more carefully in the coming weeks.

source: Judge Posner's order via The Verge

123 Comments
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posted on 04 Apr 2012, 11:11 17

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


Aint Justice grand??? Eat it,Apple!! Your reign is over.

posted on 04 Apr 2012, 12:12 4

12. Droid_X_Doug (Posts: 5847; Member since: 22 Dec 2010)


Apple hasn't exactly been batting 1000 in the patent wars. This is the latest. Win some lose some. Expect more of the same. There is no such thing as intellectual property hegemony.

posted on 04 Apr 2012, 13:41 3

61. bigboy029 (Posts: 74; Member since: 03 Jan 2011)


Anyone who thinks Apple's "Reign is Over" is clueless. I'm not the biggest Apple fan ever, but you have to be so narrow minded to think they are going to just die off anytime soon. Please control your fanboyism

posted on 04 Apr 2012, 14:36 1

75. TROLL.ISAHA (banned) (Posts: 535; Member since: 28 Mar 2012)


Lets hope so!!!

posted on 04 Apr 2012, 18:08 2

92. jroc74 (Posts: 4931; Member since: 30 Dec 2010)


If they meant reign is over as far as bullying ppl in court over patents...I agree.

The short time I had Apple stock...I sure hope they dont die off anytime soon. And I WISH I woulda been thinking about stock in 2009, 2010...man o man.

posted on 04 Apr 2012, 14:26 3

71. CM_Punk (banned) (Posts: 173; Member since: 13 Mar 2012)


This isn't justice. It's abomination.

#cmpunk

posted on 04 Apr 2012, 14:32 3

74. TROLL.ISAHA (banned) (Posts: 535; Member since: 28 Mar 2012)


Good u and they deserve that u
diablo congregant!!

posted on 04 Apr 2012, 15:02 1

82. TROLL.ISAHA (banned) (Posts: 535; Member since: 28 Mar 2012)


What good news......

posted on 04 Apr 2012, 11:15 5

2. PhoneArenaUser (Posts: 5480; Member since: 05 Aug 2011)


Nice!

posted on 04 Apr 2012, 11:16 9

3. mas11 (Posts: 1029; Member since: 30 Mar 2012)


Apple needs to make a better product instead of sueing everyone who makes a better product. The Droid Razr Maxx is better than the iphone 4s in almost evey way.

posted on 04 Apr 2012, 11:36 6

6. mas11 (Posts: 1029; Member since: 30 Mar 2012)


Let me back up my claim. The Droid Razr Maxx has a better battery, twice the RAM, its processor is .4 GHz faster, it has 4G LTE, a bigger display, it's thinner and more durable (Gorilla Glass and Kevlar). The only thing the iphone has is an apple logo.

posted on 04 Apr 2012, 11:51 4

7. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


So that .4 faster processor how does that translate in better real world performance? Give us some examples. What about the ram? Give us some real world examples where it outperforms the iPhone because of ram.

iPhone has gorilla glass

Why do you need Kevlar on your phone? Planning on taking it to war?

How does that better battery translate to real world use?

Here's some iPhone advantages for you

Better camera in real world use

Better display in real world use

Smoother performance in real world use with less crashes

Has access to new software where as your Maxx doesn't have access to Google's new software

Siri - better voice commands

Better apps - Hulu plus doesn't work on most android phones and instantgram just got to android where it's been available to ios for years are two examples

4s is a global phone razr Maxx is not

Please don't say iPhone has no advantages. Lmao at you listing specs and thinking that makes the phone better.

posted on 04 Apr 2012, 12:08 5

10. Giggity (Posts: 147; Member since: 17 Nov 2011)


Wrong! Apple used Corning not Gorilla! If they were using Gorilla we wouldnt see 99% of iPhones under those one inch of plastic.

posted on 04 Apr 2012, 12:17 5

18. Sniggly (Posts: 7113; Member since: 05 Dec 2009)


Gorilla Glass is made by Corning. However, Apple has stopped claiming that they use Gorilla Glass itself, which is interesting.

posted on 04 Apr 2012, 12:18 3

19. remixfa (Posts: 13929; Member since: 19 Dec 2008)


apple has said they use gorilla glass but not a single real world drop test verifies that.

corning is the company that makes gorilla glass. :)

posted on 04 Apr 2012, 12:08 7

11. PhoneArenaUser (Posts: 5480; Member since: 05 Aug 2011)


Talking about the real world use:

Android Vs iOS The Truth about Apple and Google's OS

YouTube video part 1:http://goo.gl/ZuTmL

YouTube video part 2:http://goo.gl/isXhG

posted on 04 Apr 2012, 18:13 5

93. jroc74 (Posts: 4931; Member since: 30 Dec 2010)


I have been saying this since forever...

Out the box Android is amazing vs. iOS. iOS is limited out the box.

posted on 04 Apr 2012, 19:54 2

97. TROLL.ISAHA (banned) (Posts: 535; Member since: 28 Mar 2012)


TRUE!

posted on 04 Apr 2012, 12:13 8

13. iamcc (Posts: 1319; Member since: 07 Oct 2011)


taco,

Down boy. Sit. Stay. Now be quiet.

Good boy.

posted on 05 Apr 2012, 01:01

116. ardent1 (Posts: 1997; Member since: 16 Apr 2011)


Jawhol mein iamcc. Your imitation of H. Himmler is so good.

posted on 04 Apr 2012, 12:14 5

14. mas11 (Posts: 1029; Member since: 30 Mar 2012)


The RAM allows you to run more applications at the same time and switch between them faster. The display is too small on the iPhone for real world use. The iphone has a slightly higher resolution than the Razr Maxx because it’s wider and even though the iphone may have a higher pixel density would you rather have a 32" 1080p TV or a 55" 1080p TV it’s the same concept, same resolution on a larger scale. And if the iPhone has Gorilla Glass then why do people use giant cases to protect them? I’ve dropped my droid a couple times and it’s never cracked. If you wanna see how durable the iphone is just watch this video:http://www.youtube.com/watch?v=elKxgsrJFhw There are more free apps on the android market and anyone can make them without needing Google's approval.

posted on 04 Apr 2012, 18:15 3

94. jroc74 (Posts: 4931; Member since: 30 Dec 2010)


Exactly. The Ram means better multi tasking. The dual and quad core means the same thing.

And lets not forget I can choose what size screen phone I want with Android phones.

posted on 04 Apr 2012, 12:16 7

16. Sniggly (Posts: 7113; Member since: 05 Dec 2009)


Let's look at some of these iPhone advantages:

On the Kevlar on the Razr vs. The iPhone's Gorilla Glass: which would you rather drop? Since the iPhone has no bezel protecting its glass, its face and back have been known to shatter from even insignificant drops. I've seen even HTC phones fare better.

What real world task can the iPhone's display perform that the Maxx's display can't?

The Maxx is getting ICS as early as today. Considering the major overhauls included not only in its standalone software, but in its Webtop software (you know, that tech that makes the phone a PLUG AND PLAY LAPTOP PROCESSOR) the wait is completely forgivable.

In what way is Siri better? Its only possible advantage is that it's more centralized. Other than that, there is virtually nothing that Siri can do which voice actions can't.

posted on 04 Apr 2012, 12:21 5

22. remixfa (Posts: 13929; Member since: 19 Dec 2008)


/.\
.|
.|

what he said.

posted on 04 Apr 2012, 12:53 2

38. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Sunlight is one example where iphone's display shines. Also better pixel density for a crisper picture.

Siri understands normal language. You don't have to use robotic commands. Its also better integrated into the OS.

Sorry ICS doesn't have any major overhauls.

posted on 04 Apr 2012, 13:07 5

45. Sniggly (Posts: 7113; Member since: 05 Dec 2009)


ICS doesn't have any major overhauls? Are you high? Go to Wikipedia and look up the changelog.

I can't counter the sunlight argument because I haven't used an iPhone display in sunlight, but a crisper picture doesn't make a total difference in any task you could list.

And there are still trigger words which must be said to Siri, which may or may not be misinterpreted. Also, even Wozniak said that Siri was better when it was an app than it is now.

posted on 04 Apr 2012, 13:15 5

51. protozeloz (Posts: 5378; Member since: 16 Sep 2010)


Amoled screens are better on sunlight as far as my testing goes

even when siri understands more common words it fails at performing common actions it was already shown

posted on 04 Apr 2012, 23:12 3

103. jroc74 (Posts: 4931; Member since: 30 Dec 2010)


Sunlight and viewing angles. Both come into play in a major way outside when tilting the phone to get away from the glare.

posted on 04 Apr 2012, 13:13 1

49. protozeloz (Posts: 5378; Member since: 16 Sep 2010)


doesn't? I'm sorry.... are you retarded?

posted on 04 Apr 2012, 23:26 3

104. remixfa (Posts: 13929; Member since: 19 Dec 2008)


lol, why do you guys even argue with taco over this stuff? he never has a clue. he just says stupid things to get a response. He thinks he's popular if everyone is yelling at him. lolz.

posted on 04 Apr 2012, 13:37 2

58. gallitoking (Posts: 4690; Member since: 17 May 2011)


wow Sniggly which phone would you rather drop?.. really. the answer is no phone should be drop.. period... web browsing is smoother on the iphone 4s... don't talk about ICS until is official please.. I know is Android tradition to speak in the future... Siri has been proven better than Google Voice?.. yes sir..

posted on 04 Apr 2012, 14:25 2

70. CM_Punk (banned) (Posts: 173; Member since: 13 Mar 2012)


Lies upon more lies. Are you seriously trying to compare Motorola to Apple? Stop, just stop.

#bestintheworld

posted on 04 Apr 2012, 14:39 2

76. TROLL.ISAHA (banned) (Posts: 535; Member since: 28 Mar 2012)


Yes the iphone which is designed as an app launcher
phone with restrictions which u must love in ur iphone. where as moto is free unlike ur looook ive
gota iphone im cool im rich im fashion good for
nothing useless phone

posted on 05 Apr 2012, 00:46 1

114. chadrick0814 (Posts: 208; Member since: 23 Nov 2011)


You're right. People need to stop comparing a high end android phone to a phone without 4g, small screen, proprietory, shatters, lack of gorilla glass, can't transfer data via bluetooth, and crashes the most.....yes, crashes the most according to PA.

The OS with the largest percentage of crashes was iOS 5.1 which had a hand in 28.64% of them. Older versions also crashed often. For example, iOS 4.2.10 was involved in 12.64% of the crashes and iOS 4.3.3 was involved in 10.66%. These stats are interesting because they reveal that many Apple iPhone owners take their sweet time to update their OS and some don't do it at all!

posted on 04 Apr 2012, 12:17 5

17. jbash (Posts: 341; Member since: 07 Feb 2011)


taco's back yayyyy!

posted on 04 Apr 2012, 12:19 8

20. TheRetroReplay (Posts: 245; Member since: 20 Mar 2012)


Kevlar allows for better durability in real world use

Bigger battery means it lasts longer for real world use (doi)

The displays are almost tied

The RAZR has gorilla glass, the iPhone 4s does not (check your facts before posting)

Both phones give a smooth performance

Global phones are only worth it of you constantly travel the world

No one really cares about Siri

Better apps are a matter of opinion, and just mentioning Hulu doesn't support your argument as Android has had Netflix for a long while.

Unless you're a narcissus who only takes multiple pictures of yourself in the mirror with your phone, who cares about a 3 megapixel difference?

posted on 04 Apr 2012, 12:46 2

33. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Haha ok so all of the iPhone advantages don't matter. Ok lol.

My favorite one is that the only advantage of a better camera is taking pictures of yourself. I guess no one takes any pics with their smartphones huh?

posted on 04 Apr 2012, 12:51 3

36. Sniggly (Posts: 7113; Member since: 05 Dec 2009)


No, the iPhone still has a few advantages. Just not as many as you listed.

Btw, I'm also waiting on that list of things Android took from the iPhone.

posted on 05 Apr 2012, 00:20 1

108. chadrick0814 (Posts: 208; Member since: 23 Nov 2011)


Can you use the micro SD card in that iPhone 4s to get those great pics developed?

posted on 04 Apr 2012, 12:21 9

23. cripton805 (Posts: 940; Member since: 18 Mar 2012)


iPhone has gorilla glass - NO IT DOESNT

Why do you need Kevlar on your phone? - BECAUSE ITS MORE DURABLE THAN GLASS ALL AROUND

Planning on taking it to war? - NO, BUT IT DOES GO THROUGH SOME TEEN/CHILD ABUS BETTER.

How does that better battery translate to real world use? - REALLY... DUMB AS HELL QUESTION.

Here's some iPhone advantages for you - WHAT NOW?

Better camera in real world use - WARMER COLORS ARE A PREFERENCE, +FREE APPS CHANGE THAT

Better display in real world use - YOURE KIDDING RIGHT? A LOT OF PEOPLE COMPLAIN ABOUT THE PETITE SCREEN, ESPECIALLY PEOPLE WITH VISION PROBLEMS OR WHEN THEY'RE 40+

Smoother performance in real world use with less crashes - HAS THIS EVEN BEEN PROVEN? IVE HAD APPLE PRODUCTS CRASH BEFORE AND USUALLY IT'S A DEVELOPER ISSUE WITH APPS FROM BOTH ENDS.

Has access to new software where as your Maxx doesn't have access to Google's new software - WTF ARE YOU TALKING ABOUT? ARE YOU TALKING ABOUT THE UI? APPLES UI HASN'T CHANGED SINCE IT'S RELEASE.

Siri better voice commands - HAVE YOU USED VOICE COMMANDS ON THE NEWER PHONES REGARDLESS OF OS? ANYWAY, IT'S BEEN TESTED AND ALL SIRI DOES IS TALK. THIS HAS ALSO BEEN AVAILABLE YEARS BEFORE SIRI AND ANDROID. ALSO NAVIGATION IS A MILLION X BETTER ON ANDROID.

Better apps - Hulu plus doesn't work on most android phones and instantgram just got to android where it's been available to ios for years are two examples - YOU HAVE TO PAY FOR A LOT OF APPS THAT ARE FREE FOR ANDROID, BUT I WILL ADMIT THEY ARE USUALLY OFFERED TO IOS FIRST.

posted on 04 Apr 2012, 12:25 4

24. PhoneArenaUser (Posts: 5480; Member since: 05 Aug 2011)


Agree!

posted on 04 Apr 2012, 12:31 3

25. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Looks like the fandroid are up in a rage. I listed some advantages that are clear and most of you won't admit.

There's a reason the iPhone will outsell the Razr Maxx 20-1.

posted on 04 Apr 2012, 12:41 6

29. iamcc (Posts: 1319; Member since: 07 Oct 2011)


Clear advantages? Maybe to you.

In my mind, a 600hp V12 has clear advantages over the 2.5l 5 cyl in my Jetta.

My girlfriend would completely disagree.

Everyone is different taco, you happen to be the minority here.

posted on 04 Apr 2012, 12:50 3

35. bioappberry (Posts: 22; Member since: 27 Nov 2011)


If android OS was only on motorola i'm sure they would be just as big. If the iOS was used by mulitiple manufacturers, the iPhone would NOT be nearly as popular.

posted on 04 Apr 2012, 13:00 6

43. remixfa (Posts: 13929; Member since: 19 Dec 2008)


uh could that be because its the only high end phone with iOS? this same sad stupid fanboy arguement.

OS sales are all that matters. phones are just the delivery vehicle for the OS.
and by that metric android handily stomps iOS.. every day.

posted on 04 Apr 2012, 14:27 1

72. gallitoking (Posts: 4690; Member since: 17 May 2011)


stomps? iOS?... PA reported the iphones rules in the States.. so much for stomping... again for Android user.. iphone is the best selling Smartphone in the US...

posted on 04 Apr 2012, 23:27 2

105. remixfa (Posts: 13929; Member since: 19 Dec 2008)


see, inut that cant differentiate between phone and OS. iOS is a distant second to Android in marketshare and sales. iOS hasnt beaten android in a single month's sale in a long time.

posted on 05 Apr 2012, 00:38 1

111. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


iOS crushes android in sales. You only want to count smartphones. When you count iPad's and iPod's Apple has a huge lead.

posted on 05 Apr 2012, 16:37

123. remixfa (Posts: 13929; Member since: 19 Dec 2008)


iOS in total has half of androids market share. u obviously don't know the difference between OS and device either. when they measure OS to OS it's every device with the OS it

sad sad little troll.

posted on 05 Apr 2012, 00:28 1

109. chadrick0814 (Posts: 208; Member since: 23 Nov 2011)


PA reported that Android just reached 50% marketshare in the states.....not sure of your definition of "rules."

posted on 04 Apr 2012, 14:19 2

67. TROLL.ISAHA (banned) (Posts: 535; Member since: 28 Mar 2012)


Obviously it would its a
fashion phone
style phone
looook im coooool ive gota iphone
prestige phone
im rich phone
status phone
Thats all its good for
good for nothing useless dead phone....

posted on 04 Apr 2012, 12:31 4

26. ivanko34 (Posts: 617; Member since: 04 Sep 2011)


taco is back ? !
it was so quiet and nice place here
you are going again to put your propaganda everywhere 50 times everywhere

posted on 04 Apr 2012, 12:46 4

32. bioappberry (Posts: 22; Member since: 27 Nov 2011)


The faster processor is going to allow for the widgets (which apple doesn't have) and screen animations to be smoother. Transitions between applications become better as well. This creates a better experience.

motocast and smartactions. Both are stock apps on the razr, and you would need to pay for something similar to motocast but I highly doubt that it will be as efficient. Real world uses: Business use is obvious for documents with motocast, no longer have a need for anything apple because you can now have your itunes on razr and any other music from your computer. best part is, its all done remotely. You don't even need to be around your computer. can your iphone do that?

as far as the battery subject goes, it is a huge deal for a phone to have a battery that big, last that long so it doesn't need to be charged every night. You could listen to pandora for 2.5 days straight on one charge! Can your iPhone do that?

Part of why the iPhone doesn't crash as much is because of its simplicity. I'm willing to bet that if android phones did not have a home, back, menu, and search button, and just a single button to bring the screen back to the home screen it might work a little better. Or maybe if it didn't allow for animated transitions, or widgets maybe, or even able to change the UI of the device, androids would be just as smooth as iphones.

as far as global capabilities... unless you work internationally, global phone means nothing. useless term.

posted on 04 Apr 2012, 12:58 2

41. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Have you heard of Dropbox and iCloud? Remote access to your pc is not unique to Motorola.

iPhone is still smoother so your specs mean nothing.

Global phone is useless. Love your logic haha.

posted on 04 Apr 2012, 13:19 6

52. Sniggly (Posts: 7113; Member since: 05 Dec 2009)


Actually, considering how much international charges cost, even relatively well off people don't opt to use their own cell phones abroad, thus making the global phone argument moot.

posted on 04 Apr 2012, 13:36 2

56. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Actually you can unlock mobile phone so you can use it without paying any roaming fees.

posted on 04 Apr 2012, 13:39 5

59. Sniggly (Posts: 7113; Member since: 05 Dec 2009)


If that's the case you can just buy the unlocked version of the Maxx, which means your argument is still negated.

posted on 04 Apr 2012, 13:50 1

62. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Unlocking a CDMA phone doesn't make it global. Please use a little logic.

posted on 04 Apr 2012, 13:52 5

63. Sniggly (Posts: 7113; Member since: 05 Dec 2009)


You know here's a gsm version of the Razr, right?

posted on 04 Apr 2012, 13:27 4

54. bioappberry (Posts: 22; Member since: 27 Nov 2011)


unless you are going global on a consistant basis, the global feature is not a need. I didn't say global phone is useless. Your beloved iPhone is smoother because of what it can't do.

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