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U.S. Apple v Motorola lawsuit dismissed in its entirety

Posted: , by Scott H.

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U.S. Apple v Motorola lawsuit dismissed in its entirety
Apple and Motorola were scheduled to have back to back lawsuits starting next week; it was to be the first major set of cases decided in a U.S. court, and an epic courtroom battle was expected, one that might set an important precedent in the mobile patent wars. And in a way those expectations were met, but not in a manner that anyone expected a month ago.

Earlier this morning Judge Posner canceled the jury portion of the trial, leaving Apple and Motorola only the option of presenting their case in front of the judge in the hopes of getting declarative damages or (more importantly to both companies) injunctive relief as a matter of law. Now those hopes are largely dashed, as Posner has ruled that neither side provided evidence of sufficient damages as to warrant injunctive relief, and has thrown the case out entirely, with prejudice.

That means that not only will there be no injunctions from this case, but the patents brought by Apple and Motorola cannot be asserted against the other in federal court again. The judge labeled this a “tentative ruling”, as he is reserving the right to change his mind as he writes up his formal opinion next week. We don’t consider a reversal to be terribly likely, as Posner has been exasperated with both sides for some time, in particular lecturing Apple more than once about wasting the court’s time, and indicating early on that neither was going to win a ruling that let them completely exclude competition from the smartphone business.

This is a far bigger loss for Apple than Motorola, as Motorola's countersuit was merely an attempt to gain leverage to prevent Apple from shutting them out of the U.S. in the event that they won an injunction. Apple also had more patents left on the table, all of which will now be useless against Motorola in further U.S. lawsuits. Not surprisingly, Motorola has already released a short statement expressing their pleasure at this temporary ruling, while Apple has stayed mum on the subject so far.

If you want to read the short and rather terse two page legal order you can find it in the source link below.

source: Posner's Ruling via The Verge

80 Comments
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posted on 07 Jun 2012, 20:32 43

1. PhoneArenaUser (Posts: 5498; Member since: 05 Aug 2011)


"This is a far bigger loss for Apple than Motorola..."

Sounds good! :)

posted on 07 Jun 2012, 20:37 5

2. dickwyn (Posts: 621; Member since: 07 May 2012)


wonder what theyre losing

posted on 07 Jun 2012, 20:44 23

4. tedkord (Posts: 12236; Member since: 17 Jun 2009)


The ability to assert these patents against Moto ever. One less avenue to a bogus ban.

posted on 07 Jun 2012, 23:37 12

23. anywherehome (Posts: 971; Member since: 13 Dec 2011)


for Apple their good name ;)
now most of IT readers hate Apple because they are liars, thieves, bribers, .... :
https://sites.google com/site/corpsins/

posted on 07 Jun 2012, 23:34 11

22. anywherehome (Posts: 971; Member since: 13 Dec 2011)


no, this is a loss just for Apple....Motorola was just defending.....so this is a great relief for Google....probably this is the beginning of the end of this iRotten behaviour of Apple and the competition can begun with complete destruction of non innovative and backward Apple iPhone and iPad :)
http://goo gl/GzzOe

posted on 08 Jun 2012, 02:21 1

31. Mxyzptlk (Posts: 14191; Member since: 21 Apr 2012)


Justice as usual is blind.

posted on 08 Jun 2012, 06:17 8

47. tedkord (Posts: 12236; Member since: 17 Jun 2009)


And oh so just.

posted on 07 Jun 2012, 20:38 33

3. theBankRobber (Posts: 681; Member since: 22 Sep 2011)


Seems like the judges in the US have been doing their homework lately:)

posted on 07 Jun 2012, 20:54 5

5. Hammerfest (Posts: 383; Member since: 12 May 2012)


Common sense occuring in US courtroom's in the last month or so... I feel TERRABLY off balance...

Can someone check "the force"? How about those exhaust ports? Did Apple forget to pay its normal "under the table" fees? Did they miss the memo about the price hike in "pay-off" fees?

Color me confused at the SANE judges for this past month in some of these case's...

This gives me hope for the Apple V Samsung case's... a very small amount... but nope none-the-less!

posted on 07 Jun 2012, 21:11 1

6. sprockkets (Posts: 1611; Member since: 16 Jan 2012)


What, you mean apple can't prove the harm of android phones featuring "data detectors" when they sold 100+ ios devices? You know, like when Tim Cook says we can't make enough to meet demand???

Say it ain't so!

posted on 07 Jun 2012, 21:40 6

7. DroogV59 (Posts: 37; Member since: 02 Jun 2011)


Apple`s Wile E Coyote moment this. I`d have loved to have seen the expression on Timmy Cook`s face when he heard the news.

posted on 07 Jun 2012, 21:47 12

8. tedkord (Posts: 12236; Member since: 17 Jun 2009)


Oracle v. Google
Customs releasing the HTC phones
Apple v. Motorola

I'm regaining some faith in the system.

posted on 07 Jun 2012, 21:53 18

9. remixfa (Posts: 14255; Member since: 19 Dec 2008)


thank god for a judge that wont put up with nonsense.

so, itrolls, now that apple has been slapped down YET AGAIN for excessive court bullying without merit, are any of you ready to see what we've been trying to show you? That apple is rotten fruit that dose not innovate, they only legislate.
Nuthin but a bully thats upset because someone took away its lollipop.

posted on 07 Jun 2012, 22:13 3

10. stealthd (unregistered)


Did you read the article? They said the case was dismissed due to BOTH parties. Your idea of bullying is laughably naive.

posted on 07 Jun 2012, 22:47 9

13. jroc74 (Posts: 6015; Member since: 30 Dec 2010)


"as Motorola's countersuit was merely an attempt to gain leverage to prevent Apple from shutting them out of the U.S."

Thats from the article.....

posted on 08 Jun 2012, 09:30 3

62. remixfa (Posts: 14255; Member since: 19 Dec 2008)


motorola was countersuing to get leverage in the lawsuit. i do believe that was even mentioned in the article. they would not have sued in the first place had apple not bullied them in the court. get a grip.

posted on 08 Jun 2012, 13:48

71. gallitoking (Posts: 4720; Member since: 17 May 2011)


"apple not bullied them in the court" can you prove this.. thanks for your troll opinion.. remix.. but even the writer of the articles disagrees with your nonsense

posted on 08 Jun 2012, 14:07 3

72. remixfa (Posts: 14255; Member since: 19 Dec 2008)


" as Motorola's countersuit was merely an attempt to gain leverage to prevent Apple from shutting them out of the U.S. "

Its something called reading comprehension. try it.

posted on 07 Jun 2012, 22:42 12

12. Scott_H (Posts: 167; Member since: 28 Oct 2011)


I don't think it's fair to say Apple doesn't innovate - while much of what they do is taking existing ideas and polishing them to the nth degree, the way they can simplify computing experiences and make them connect with users is certainly a form of innovation.

On the other hand, they certainly don't innovate as much (or in as much of a vacuum) as their diehard fans seem to believe. And I have to agree that they have been little short of a bully when it comes to litigation.

posted on 07 Jun 2012, 23:11 14

19. mas11 (Posts: 1034; Member since: 30 Mar 2012)


Exactly, Apple has never come up with an original idea. They steal from others, polish the idea, make it user friendly then patent it. Apple blatantly stole the mouse from Xerox and they were able to get away with it because Xerox didn't think it was important enough to patent.

posted on 08 Jun 2012, 01:46 2

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


Umm Apple purchased the rights to the Xerox technology. Way to ignore facts.

posted on 08 Jun 2012, 02:19 4

30. mas11 (Posts: 1034; Member since: 30 Mar 2012)


http://www.newyorker.com/reporting/2011/05/16/110516fa_fact_gladwell Here are the facts

posted on 08 Jun 2012, 02:29 2

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


Did you miss the part where Xerox got 1 million shares for the technology?

posted on 08 Jun 2012, 02:43 6

36. mas11 (Posts: 1034; Member since: 30 Mar 2012)


"So Jobs proposed a deal: he would allow Xerox to buy a hundred thousand shares of his company for a million dollars—its highly anticipated I.P.O. was just a year away—if PARC would “open its kimono.

First of all it's only 100,000 shares which Xerox PAID Apple $1 million for the shares.
Second all he got from Xerox was a tour.
Third read the article carefully.

posted on 08 Jun 2012, 02:47 1

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


If you read more than one article and knew the history Apple payed for the technology. Nothing was stolen.

posted on 08 Jun 2012, 03:00 3

42. mas11 (Posts: 1034; Member since: 30 Mar 2012)


Nothing? hahahahahahahaha
But seriously do you have an article from a source as reliable as The New Yorker that says otherwise? If not then I see no reason to believe that you statement is factual.

posted on 08 Jun 2012, 09:34 2

64. remixfa (Posts: 14255; Member since: 19 Dec 2008)


you are so delusional...

posted on 08 Jun 2012, 10:59 1

70. gwuhua1984 (Posts: 1237; Member since: 06 Mar 2012)


Apple just stole HTC's design and put it on their iPhone 5. according to the taco that won't stay with food, its not stolen.

posted on 08 Jun 2012, 06:23 4

48. tedkord (Posts: 12236; Member since: 17 Jun 2009)


First, Xerox got 100,000 shares, not a million. Next, the were paid for the tour, not to license any tech. Jobs stole, as he always admitted.

posted on 08 Jun 2012, 02:22 3

32. Mxyzptlk (Posts: 14191; Member since: 21 Apr 2012)


And you think Android is innovation? So explain to me why Samsung had to copy Apple over and over?

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