Judge dismisses two-year Apple vs Motorola patent case

Macworld Australia Staff
25 June, 2012
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US federal court Judge Richard Posner has ruled that the patent case between Apple and Motorola will be dismissed entirely. The lawsuit was initially filed by Apple who alleged Motorola had violated four of its patents, to which Motorola responded with one claim of its own. The two companies had been in litigation since 2010, with the most recent hearing taking place last week in Chicago.

No more can Apple be permitted to force a trial in federal court the sole outcome of which would be an award of [US]$1″, Judge Posner ruled.

This isn’t the first time Posner has tried to dismissed the case – he had done the same thingseveral weeks ago, before allowing both sides another chance to argue their case. But it seems, both companies failed to make convincing arguments, with neither able to prove that damage had occurred, according to Judge Posner. It was then decided that an injunction against the sale of any products would not be granted.

The ruling was a significant advantage for Motorola, who had just one patent claim left in the case. Motorola had argued for a ‘standards essential’ patent for GSM that Apple said wasn’t technically used in practice.

Towards the end of the case Judge Posner grew increasingly frustrated at Apple’s lack of proof to show hard numbers: “Both parties have deep pockets,” Posner stipulated says in the 38-page official court document.

“And neither has acknowledged that damages for the infringement of its patents could not be estimated with tolerable certainty.”

Although unconfirmed, it seems likely that Apple will lodge an appeal to overturn the decision. The company has not offered any comment in relation to the ruling to date. Motorola, meanwhile, has released the following official statement:

“We are pleased that Judge Posner formally dismissed the case against Motorola Mobility. Apple’s litigation campaign began with their attempt to assert 15 patents against us. As it relates to Apple’s violation of our patents, we will continue our efforts to defend our own.” innovation.

@grace_robinson_

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