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

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62 Comments

1. jmoita2

Posts: 930; Member since: Dec 23, 2011

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

5. Non_Sequitur

Posts: 1111; Member since: Mar 16, 2012

You reap what you sow, I guess.

9. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

Especially when you piss off the judge....

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.

24. PhenomFaz

Posts: 1236; Member since: Sep 26, 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 :)

27. TROLL

Posts: 4851; Member since: Apr 13, 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!€$!

46. joey_sfb

Posts: 6794; Member since: Mar 29, 2012

The five of them are smoking cracks too!

8. AnTuTu

Posts: 1580; Member since: Oct 14, 2012

This one freakin cracked me up. Poor A 4 Apple. Love you Google :)

12. MeoCao unregistered

Yeah yeah yeah

18. Nathan_ingx

Posts: 4766; Member since: Mar 07, 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.

29. TROLL

Posts: 4851; Member since: Apr 13, 2012

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

65. soshi

Posts: 154; Member since: Mar 08, 2012

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

63. cheetah2k

Posts: 2144; Member since: Jan 16, 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.

73. -box-

Posts: 3991; Member since: Jan 04, 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.

2. XPERIA-KNIGHT unregistered

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

3. json2181

Posts: 2; Member since: Nov 05, 2012

Google I am your Father.

4. pkiran1996

Posts: 166; Member since: Oct 22, 2011

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

14. TROLL

Posts: 4851; Member since: Apr 13, 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.

16. gallitoking

Posts: 4721; Member since: May 17, 2011

and what did you win again?...

19. TROLL

Posts: 4851; Member since: Apr 13, 2012

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

21. gallitoking

Posts: 4721; Member since: May 17, 2011

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

26. Droiddoes unregistered

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

32. gallitoking

Posts: 4721; Member since: May 17, 2011

check your inbox for a PA warning

36. Sniggly

Posts: 7305; Member since: Dec 05, 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.

37. chaoticrazor

Posts: 2347; Member since: Aug 28, 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

39. Non_Sequitur

Posts: 1111; Member since: Mar 16, 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.

45. TROLL

Posts: 4851; Member since: Apr 13, 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....?

70. jroc74

Posts: 6023; Member since: Dec 30, 2010

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

44. gallitoking

Posts: 4721; Member since: May 17, 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

56. Sniggly

Posts: 7305; Member since: Dec 05, 2009

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

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