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.

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

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