Apple vs. Motorola Patent Case: Judge Posner Utters the Final Word ‘Dismissed’

In a ruling issued late Friday, i.e. June 22, the U.S federal court Judge, Richard Posner dismissed the Apple versus Motorola patent lawsuit, according to AllThingsD reports. Posner dismissed the case, saying neither Apple nor Motorola was able to present compelling proof of damages. And he did so with prejudice, preventing both companies from refiling claims.

Reports informed that previously as well, the outspoken Chicago judge has described the lawsuit as "silly" and "ridiculous."

"It would be ridiculous to dismiss a suit for failure to prove damages and allow the plaintiff to refile the suit so that he could have a second chance to prove damages," Posner wrote in his ruling. "This case is therefore dismissed with prejudice; a separate order to that effect is being entered today."

Analyst predict that the ruling is a clear win deal for Motorola and its latest owner Google, however it is also a blow to all companies involved. Throughout his order Posner repeatedly roasted Apple and Motorola and their legal teams for the weakness of their arguments, mistakes in trial preparation, flights of "wild conjecture," and their utter failure to present enough evidence to create a triable issue.

Talking about the accusation details, the case involved two trials. One included Apple's claim that Motorola infringed four of its patents and another covered Motorola's claim that Apple infringed one of its patents. According to Reuters past reports, a series of pretrial rulings eliminated nearly all of Motorola's patent claims while preserving some of Apple's trials.

Posner complained that Apple's attempt to get an injunction restricting the sale of Motorola phones would have "catastrophic effects" on the mobile device market and consumers. Further, he criticized Motorola for trying to use a standards-essential patent to get an injunction against Apple.

He also took a well-aimed shot at Motorola for seeking an injunction against Apple using standards-essential patents that are supposed to be licenses on FRAND (fair, reasonable and nondiscriminatory) terms.

"To begin with Motorola's injunctive claim, I don't see how, given FRAND, I would be justified in enjoining Apple from infringing the '898 [patent] unless Apple refuses to pay a royalty that meets the FRAND requirement," Posner wrote.

"By committing to license its patents on FRAND terms, Motorola committed to license the '898 [patent] to anyone willing to pay a FRAND royalty and thus implicitly acknowledged that a royalty is adequate compensation for a license to use that patent. How could it do otherwise? How could it be permitted to enjoin Apple from using an invention that it contends Apple must use if it wants to make a cell phone with UMTS telecommunications capability - without which it would not be a cell phone."

While, as per Posner's written decision, Apple versus Motorola is finally over, however, the companies pitched battle continues to rage on, with litigation pending in the International Trade Commission and a few foreign courts, as well.

On the other hand, Apple declined comment on the ruling, whereas, Motorola was obviously quiet elated with the ruling.

"We are pleased that Judge Posner formally dismissed the case against Motorola Mobility," a company spokesperson was quoted in the AllThingsD report. "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."

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