Motorola and Apple are each given one last chance before Judge Posner to show validity of suit
While granting Apple's request, Judge Posner is going to give both Apple and Motorola a chance to argue that it would be entitled to "injunctive relief" if the other side is found to have infringed on its patents. Briefs can be submitted by both sides up to the close of business this coming Monday. The judge says that both sides should be prepared to receive a decree of a reasonable royalty instead of the injunction that both sides had originally asked for. Apparently the court is going to rely only on the evidence already in the record as the judge says it is too late to supplement the record. The judge also made a point of telling Motorola that if it asks for injunctive relief, the court will need to address FRAND in the analysis.
1. demarmj (Posts: 17; Member since: 03 May 2012)
This guy was my commencement speaker. He's hilarious!
2. Sniggly (Posts: 6496; Member since: 05 Dec 2009)
Final round, seems like. I hope Motorola's lawyers are well prepared.
3. ardent1 (Posts: 1983; Member since: 16 Apr 2011)
I've been following the case and I think the judge has been fair. He hasn't favored one group or the other.
"The judge also made a point of telling Motorola that if it asks for injunctive relief, the court will need to address FRAND in the analysis." -- that strikes to the heart of the android camp. Apple has never sued using the FRAND argument so the burden is on Motorola (and Samsung) to honor the FRAND terms.
5. InspectorGadget80 (Posts: 5649; Member since: 26 Mar 2011)
APPLE IS THE ONE NEED TO STOP THEIR LAW SUIT AGAINST ANDROID. It's a wast of money and our time. GET BACK TO MAKING PHONES ALREADY AND talking bout new tech NO PATENTS NO NOTHING