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

107. remixfa

Posts: 14605; Member since: Dec 19, 2008

Wow, you can tell taco is back its like we time warped to a year ago. All the same old arguments. All the same old back n forth and side taking extremism. I guess PA thought things were just too calm and let taco use is OG name again. Not like he ever left, he just kept making new names. Now he is free to act like his ignorant self without having to hid it. lol

118. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

Arizona is considering a law criminalizing annoying or offensive posting online. I'd blasted that idea in the commentary of the site I'd seen it at as being clearly unconstitutional. But with taco back... damn I hope PA's servers are in Arizona.

87. networkdood

Posts: 6330; Member since: Mar 31, 2010

I can see the commercial now: Introducing iPHONE 4GS. 1) It has an LTE radio (WARNING: SAR rating is over 20....please grip correctly, when using 4G LTE services.) 2) 4.3 inch screen with retina display (WARNING: staring at the display will burn out your own retina, proceed with caution) 3) It has Siri 4) It has a power button. 5) It has the exclusive SLIDE to UNLOCK function. 6) It would cost so much money for carriers to sell, that they will raise their activation and upgrade fees to recoup some of the losses. The new APPLE IPHONE 4GS.... "The internet in your pocket"....OH nevermind, all phones already have that... "Touching is believing"....err, waitaminute - touch screen phones are no longer innovative? "iPhone Apple reinvents the phone"....oh, you mean it still looks like the 4S and 4, but only bigger? "Talk about big. iPhone now in 16GB. More music. More video. More iPhone."....huh, you mean 16GB is not enough...but hey the phone is bigger "The iPhone you've been waiting for."....sorry for releasing basically the same phone the previously two years. "The first phone to beat the iPhone." .....'cause we cannot beat Android.... "The most advanced mobile OS. Now even more advanced."....wait? You mean large screens and LTE phones have been around for months now? "The fastest, most powerful iPhone yet."....(WARNING: our phone is not a true multi-tasking phone...sorry) "More to love, less to pay"....LOL, just kidding!!! Pay up, iPHONE users..... "This changes everything. Again....X 3" "There's an app for that. That's the iPhone. Solving life's dilemma one app at a time." 'cause our phone cannot use more than one app at a time.... "If you don't have an iPhone, well, you don't have an iPhone."....you have an ANDROID phone? Trade you? "The world's thinnest smartphone."....just kidding!! "Finally." We have FINALLY decided that to include LTE, bigger screen, and drop-down notifications on our phone....innovative, huh? "It's the most amazing iPhone yet." Just kidding as we know most of you have a phone with a bigger screen and 4G LTE data access....

88. TROLL.ISAHA

Posts: 535; Member since: Mar 28, 2012

How funny! Like that!

89. networkdood

Posts: 6330; Member since: Mar 31, 2010

Posted it to the public on facebook....

91. gallitoking

Posts: 4721; Member since: May 17, 2011

good move on your part see how you the fandroid found it funny... so will your face bookers.. nobody will take it serious so..

98. TROLL.ISAHA

Posts: 535; Member since: Mar 28, 2012

They won't take it serious, but they will realize.... But that then depend's, if he's smart he will, If he's dum like you he won't......

99. TROLL.ISAHA

Posts: 535; Member since: Mar 28, 2012

That's good!

90. gallitoking

Posts: 4721; Member since: May 17, 2011

great imagination but let me add to your commercial..... at the end it will say.. yes Android had those features but who cares... is not important until the iphone has them... now lets enjoy LTE on a real phone should we?

96. bioappberry

Posts: 22; Member since: Nov 27, 2011

Introducing the iPhone: Android for dummies.

113. taco50

Posts: 5506; Member since: Oct 08, 2009

Get a life man

119. TROLL.ISAHA

Posts: 535; Member since: Mar 28, 2012

Taco u need help... Ur getting attacked left right down upright down centre everywhere... Where are ur fans.... convoys.. Eye say to u. u to everyone.... We the user's will ask for it. Apple will yet deliver again And we like that. And we havn't even been told to bye the iPhone5 yet.

85. networkdood

Posts: 6330; Member since: Mar 31, 2010

APPLE has a boatload of cash: 1. Create a new workplace. 2. Waste the rest of the cash on lawyers and frivolous lawsuits.

57. protozeloz

Posts: 5396; Member since: Sep 16, 2010

wow one person gets unbanned and is already causing over 50+ post with nonsense can you guys please stop having an argument with him, his post show obvious ignorance when talking

66. TROLL.ISAHA

Posts: 535; Member since: Mar 28, 2012

That,s right PROTO....

79. gallitoking

Posts: 4721; Member since: May 17, 2011

just because you dont agree with him.. is nonsense.. wow.. respect other people opinion... I know is hard for fandroids to understand why we picked iOS over Android.. but get over it...

81. TROLL.ISAHA

Posts: 535; Member since: Mar 28, 2012

Get over what... Cause ur imbecilic? u need help! Not us!!!!!!

83. gallitoking

Posts: 4721; Member since: May 17, 2011

coming from someone that writes worse than me.

84. TROLL.ISAHA

Posts: 535; Member since: Mar 28, 2012

What a joke....

106. remixfa

Posts: 14605; Member since: Dec 19, 2008

gallito, your an iDiot as well, but at least your funny in a Corky kind of way. Taco is just vile.

117. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

The difference comes, I think, from one being intended to be imbecilic while the other achieves it naturally...

86. networkdood

Posts: 6330; Member since: Mar 31, 2010

Another iphone user who is proud to fuel frivolous lawsuits...money well spent, I suppose....

100. TROLL.ISAHA

Posts: 535; Member since: Mar 28, 2012

Cause u are dopey!

102. protozeloz

Posts: 5396; Member since: Sep 16, 2010

well I know its hard for some ifans to declare that android has its solid points, taco declared there is no advantage of having android over iOS witch is nonsense but hey to me the grass looks the same anyways enjoy your life ;) also if you read English I haven't said any names yet,Taco does not has 50+ post in here to begin with (at least not when I posted), the NONSENSE is the entire conversation where someone believes something to be superior in all ways to something else, and other people to call it inferior to something else. where same old debunked arguments fly here and there making this another flaming post where people do not learn anything a all. heck most things aren't even on topic

115. taco50

Posts: 5506; Member since: Oct 08, 2009

I never said android has no advantages

120. protozeloz

Posts: 5396; Member since: Sep 16, 2010

ok lets see what you posted as iPhone advantages "iPhone has gorilla glass" -android phones do not? "Why do you need Kevlar on your phone? Planning on taking it to war?|" -why the hate on choose of better materials? "How does that better battery translate to real world use? " -android phones get better battery life, duh! many android phones are rated with same or better battery compared to the iPhone for a reason "Better camera in real world use" -depends of what you are looking at *Better quality? phone arena agrees is slightly better than some important android devices *Better shot options? android devices offer lots of modules, than the iPhone, and many are welcome by the users "Better display in real world use" -because it has "retina?" lets see super amoled offers sharp looking color great viewing angles and excellent sunlight view with battery inefficiency at the same time, isn't that better in real world use? "Smoother performance in real world use with less crashes" -android may be not as "smooth as iOS" but apps on android crash less than the ones on iOS, or so a study said, also how much have you used an android phone to tell witch crashes less? "Siri - better voice command" -Siri understands more commands(has a bigger array of comands), it does not necessarily make it better, Steve (the other Steve) said he liked it when it was an app, also Siri fails to do simple things like loading an asked page(send you to a Google search of that page) and takes more time to respond to your commands. so better in some ways, not better in other ways. you don't have to say something using the words i used, the context in your comment tell by itself how inferior you think android is

121. taco50

Posts: 5506; Member since: Oct 08, 2009

Razr doesn't even had super amoled. Why are you combining android phones all into one? I'll give you some Razr Maxx advantages which is the phone we're discussing. LTE Better navigation More than likely outperforms in battery life (one of the very few android phones that does) Sorry but iPhone does have: better display better camera Siri is a better voice command system

122. protozeloz

Posts: 5396; Member since: Sep 16, 2010

Sorry but Razr does has Super Amoled Screen, its on its specs right here. http://goo.gl/tcKLm And I mixed the cam of other android phones... got a bit carried away. I can agree that the cam on the Razr is not so good. -I believe Siri does a better job at trying to understand queries. there there I some replies that may need some cooking here and there.

40. remixfa

Posts: 14605; Member since: Dec 19, 2008

there was no victory for anyone today guys. the news is just worth a giggle because the judge pimp slapped the apple lawyers like the naughty hoes they are. no reason to get too excited about it.

77. gallitoking

Posts: 4721; Member since: May 17, 2011

pimp slappped?? hoes?.... wow for a geek to too shaby

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