Apple receives nastygram from judge in Motorola lawsuit

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

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123 Comments

1. jmoita2

Posts: 930; Member since: Dec 23, 2011

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

12. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 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.

61. bigboy029

Posts: 74; Member since: Jan 03, 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

75. TROLL.ISAHA

Posts: 535; Member since: Mar 28, 2012

Lets hope so!!!

92. jroc74

Posts: 6023; Member since: Dec 30, 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.

71. CM_Punk

Posts: 173; Member since: Mar 13, 2012

This isn't justice. It's abomination. #cmpunk

74. TROLL.ISAHA

Posts: 535; Member since: Mar 28, 2012

Good u and they deserve that u diablo congregant!!

82. TROLL.ISAHA

Posts: 535; Member since: Mar 28, 2012

What good news......

2. PhoneArenaUser

Posts: 5498; Member since: Aug 05, 2011

Nice!

3. mas11

Posts: 1034; Member since: Mar 30, 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.

6. mas11

Posts: 1034; Member since: Mar 30, 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.

7. taco50

Posts: 5506; Member since: Oct 08, 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.

10. Giggity

Posts: 147; Member since: Nov 17, 2011

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

18. Sniggly

Posts: 7305; Member since: Dec 05, 2009

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

19. remixfa

Posts: 14605; Member since: Dec 19, 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. :)

11. PhoneArenaUser

Posts: 5498; Member since: Aug 05, 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

93. jroc74

Posts: 6023; Member since: Dec 30, 2010

I have been saying this since forever... Out the box Android is amazing vs. iOS. iOS is limited out the box.

97. TROLL.ISAHA

Posts: 535; Member since: Mar 28, 2012

TRUE!

13. iamcc

Posts: 1319; Member since: Oct 07, 2011

taco, Down boy. Sit. Stay. Now be quiet. Good boy.

116. ardent1

Posts: 2000; Member since: Apr 16, 2011

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

14. mas11

Posts: 1034; Member since: Mar 30, 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.

94. jroc74

Posts: 6023; Member since: Dec 30, 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.

16. Sniggly

Posts: 7305; Member since: Dec 05, 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.

22. remixfa

Posts: 14605; Member since: Dec 19, 2008

/.\ .| .| what he said.

38. taco50

Posts: 5506; Member since: Oct 08, 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.

45. Sniggly

Posts: 7305; Member since: Dec 05, 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.

51. protozeloz

Posts: 5396; Member since: Sep 16, 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

103. jroc74

Posts: 6023; Member since: Dec 30, 2010

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

49. protozeloz

Posts: 5396; Member since: Sep 16, 2010

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

104. remixfa

Posts: 14605; Member since: Dec 19, 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.

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