Judge cancels Apple, Motorola patent trial in tentative order

By on June 8, 2012, 1:00 PM

Circuit Judge Richard A. Posner has canceled a trial between Apple and Motorola Mobility that was scheduled to begin on June 11. Posner, who usually handles appeals instead of cases that go to trial, said in a tentative order that both cases should be dismissed with prejudice which means they can’t be brought up again because neither party can establish a right to relief.

The judge noted that neither party had enough evidence of damages to withstand dismissal and that granting injunctions based on infringements would impose costs that weren’t proportionate to the harm of the patentee and would be contrary to the public interest.

Apple was seeking declaratory relief as an alternative to injunctive relief but this request was also shot down by Posner. The judge said he didn’t feel that Apple had any right to declaratory relief but if they did, he would be strongly inclined to deny it. He further reserved the right to delay entry of judgment until a full opinion has been prepared and presented within one week.

Apple declined to comment on the order while Google said in a statement that they were pleased by the tentative ruling that dismisses Apple’s patent claims and look forward to a full decision.

Cupertino alleged infringement on four patents. Apple conceded on May 22 that they couldn’t prove damages for two of the patents, leaving two remaining. The company’s admissible evidence of damages with regards to the pair of patents wasn’t enough to convince the judge of infringement.




User Comments: 5

Got something to say? Post a comment
Guest said:

that judge must be like david orcus

Tygerstrike said:

FINALLY!!!! I was wondering when a judge would stand up and tell Apple to stop thier crap, in legal speak. This judge has basically hamstrung Apple. Now Apple has a frivilous lawsuit dismissal. This means anyone who Apple sues can point to the judge that Apple has a HISTORY of wrongful litigation against them.

Guest said:

So much for thermonuclear war :p

wiyosaya said:

Have to echo the comments here.

Since crApple has something like $100BN in the bank, how can this be considered relief?

Load all comments...

Add New Comment

TechSpot Members
Login or sign up for free,
it takes about 30 seconds.
You may also...
Get complete access to the TechSpot community. Join thousands of technology enthusiasts that contribute and share knowledge in our forum. Get a private inbox, upload your own photo gallery and more.