Don’t you just detest often silly legal proceedings in the technology business? I’m talking about an endless back and forth between Apple and Motorola over who copied whom, with no clear winner in sight.

Well, Apple’s and Motorola’s past childish behavior in the courtroom has really tested the limits of one judge’s patience, who dismissed a patent infringement trial after hearing each side’s damages arguments.

This was bound to the first major lawsuit between Apple and Motorola following completion of the latter’s acquisition by search giant Google…

Deciding enough is enough, U.S. Circuit Judge Richard A. Posner today threw the Apple-Motorola lawsuit out of the window.

He apparently told the two parties:

You have to prove injury. I’m sorry that it seems to be petering out like this.

Patent expert Florian Müeller warned of such an outcome last week.

And today, Müeller explained in a post on his FOSS Patents blog that even though the jury trial in Chicago is now canceled, the lawsuit isn’t over yet as jury is needed for damages, not an injunction.

This particular judge can at times be nitpicking, but what do you call then an idiotic legal mess Apple and Motorola have gotten themselves into, suing each other over a few patents?

Philip Elmer-DeWitt, writing for Fortune, explains the judge’s rationale:

First he characterized a Motorola claim as “ridiculous.” Then he called one of Apple’s “frivolous” and “untimely,” warning Cupertino’s lawyers that he’d had his fill of such things.

Later he told both sides to rewrite their briefs in language a layperson could understand, and forbade Apple from trying to turn the case into a “popularity contest.”

Wanna hear the really funny bit?

Posner scrapped the case four days before it was scheduled to start, says Bloomberg.

I don’t know about you, but I’m sick and tired of both reporting on and reading about these pointless lawsuits.

For chrissake, can’t you just settle and make love or something?


    You guys don’t have to “report” these, each into very detail, possibly seeking more “views”… So, there goes your argument of being “sick of it”.

    I can see how these patent wars get silly, especially in the US, but there’s also the other side of the coin… Copying one’s research of years and trying to gain trade advantage of it is not fair and needs to be punished. And, with technology, it’s always about how much research you do… So, unfortunately, no matter how this particular case ends, wars will go on. Until people ruling the companies learn that their customers would value their inventions and creations more than their copy-cats.

    • Being “sick of it” is how I feel about it. Reporting on it because that’s news is an entirely different matter.

      I’m with you on protecting inventions from the legions of copycast, BTW…

  • Tucker Brown


    Obviously, you don’t understand what Apple is trying to accomplish here…

    1.) Apple and any other company MUST protect their intelectual property rights if they want to stay in business because eventually if that one company doesn’t do anything to protect its intellectual property, everyone will begin to steal their ideas and infringe their patents..

    2.) If any other company infringes one of their patents, Apple must act to make sure that company pays so that they won’t try to steal Apple’s ideas.

    3.) If you want Apple to stay in business for the next decade or two, and if you want your little blog to stay in business, then you’d best be supporting Apple and not calling their legal battles silly.

    That’s all I’ve got to say about this because I guarantee you that if you were in Tim Cook’s shoes right now that it would be a pain in the ass, but you would be contacting your lawyers and telling them that Motorola, Samsung, Google, etc. was infringing Apple’s patents and stealing ideas and that you wanted Apple to file a lawsuit against that company in order to maintain you r patents and intellectual property to Apple and no other company than Apple unless that company has written consent from Tim Cook’s office that the patent is being sold to that company. But if it’s silly to you, then I can’t change that. Just trying to show you Apple’s perspective in this patent war.

    Good luck.

  • Wish I was a judge for these apple-other company cases. I know exactly what I would say right from the start.

    • deepdvd

      “I know exactly what I would say right from the start”

      No one would make you a judge of anything with a statement like that.

      • You’re most probably right but I still “wish” I was a judge for these things.

      • liberal judges have no problem with ruling in a way that is for what they want and not what arguments are presented to the court. liberal activist judges are one of the bigger problems in most societies today.