Judge criticizes Apple's attorneys for 'frivolous filings' in Motorola case

Posted:
in General Discussion edited January 2014
A prominent U.S. judge has declared that he is tired of "frivolous filings" from Apple's attorneys in an ongoing patent infringement dispute with Motorola.

"I've had my fill of frivolous filings by Apple," Judge Richard A. Posner, of the U.S. District Court in the Northern District of Illinois, wrote in an official order. In addition to being an appeals judge, Posner is also the most-cited U.S. legal scholar of the 20th century, according to Florian Mueller of FOSS Patents.

The outspoken judge rejected a motion from Apple that sought to prevent Motorola Mobility from deposing a particular expert. Exact details on Apple's motion are unknown because it remains under seal, but Posner said one half of Apple's motion was "frivolous," while the other was "untimely."

"The next such motion, and I shall forbid (Apple) to file any motions without first moving for leave to file," the judge added in his decision.

Mueller said that Apple previously drew the ire of Posner because, in his eyes, the iPhone maker attempted to use an expert's wife's medical condition to block a deposition. After the first attempt was rejected, Apple's attorneys made a second attempt to block the expert only three days later, without citing health issues.

Posner's threatened sanction against Apple was described by Mueller as one that could put Apple at a "practical" disadvantage, though not "substantive." He said the judge's words are likely just a warning that likely won't play a part in the proceedings.

Posner
Judge Richard A. Posner, via Wikipedia.


Posner is the same judge who, back in February, complained about the number of patents Apple is arguing in its ongoing case against Motorola. The judge asked Apple to "winnow" its claims, and both Apple and Motorola voluntarily dropped some claims in order to be cooperative.

Posner also issued an order in March upholding some of Apple's patent claims against Motorola. That initial decision has been viewed as a sign that Motorola will be found to have infringed on Apple's patented inventions.

And a month ago, Posner also shot down Apple's motion to reconsider a ruling of a patent case with Motorola. He said that Apple's motion filed with the court was founded on "flagrant misreadings," which he characterized as "troubling."
«1

Comments

  • Reply 1 of 40
    galbigalbi Posts: 968member


    Nothing new judge.

     

  • Reply 2 of 40


     


    Quote:

    Originally Posted by AppleInsider View Post





    "I've had my fill of frivolous filings by Apple," Judge Richard A. Posner, of the U.S. District Court in the Northern District of Illinois, wrote in an official order. In addition to being an appeals judge, Posner is also the most-cited U.S. legal scholar of the 20th century, according to Florian Mueller of FOSS Patents.


     


     


    Way to go Apple!


     


    Half of their case was frivolous, and had to be pared back, but they keep piling on the  frivolous motions and frivolous filings. 


     


    Here's a clue:  Posner does not fall for hamhandedl attempts to construct a Reality Distortion Field.  


     


    He's not a fanboi predisposed to believe every defective word-sleight offered to him.

  • Reply 3 of 40
    jragostajragosta Posts: 10,473member

    Quote:

    Originally Posted by I am a Zither Zather Zuzz View Post


     


     


     


    Way to go Apple!


     


    Half of their case was frivolous, and had to be pared back, but they keep piling on the  frivolous motions and frivolous filings. 


     


    Here's a clue:  Posner does not fall for hamhandedl attempts to construct a Reality Distortion Field.  


     


     



    And, in the end, this judge that you are praising to high heavens has sided with Apple on the important issues. From above:

    "Posner also issued an order in March upholding some of Apple's patent claims against Motorola. "

  • Reply 4 of 40
    sflocalsflocal Posts: 6,092member
    jragosta wrote: »
    <p>  </p><div class="quote-container"> <span>Quote:</span> <div class="quote-block"> Originally Posted by <strong>I am a Zither Zather Zuzz</strong> <a href="/t/149772/judge-criticizes-apples-attorneys-for-frivolous-filings-in-motorola-case#post_2103521"><img alt="View Post" class="inlineimg" src="/img/forum/go_quote.gif" /></a><br /> <br /> <p>  </p> <p>  </p> <p>  </p> <p> Way to go Apple!</p> <p>  </p> <p> Half of their case was frivolous, and had to be pared back, but they keep piling on the  frivolous motions and frivolous filings. </p> <p>  </p> <p> Here's a clue:  Posner does not fall for hamhandedl attempts to construct a Reality Distortion Field.  </p> <p>  </p> <p> He's not a fanboi predisposed to believe every defective word-sleight offered to him.</p> </div></div><p>  </p><p> And, in the end, this judge that you are praising to high heavens has sided with Apple on the important issues. From above:<br /> "Posner also issued an order <a href="http://www.appleinsider.com/articles/12/03/31/judge_affirms_vital_apple_touchscreen_patent_in_case_against_motorola.html" style="text-decoration: none; color: rgb(18, 86, 183); ">in March</a> upholding some of Apple's patent claims against Motorola. "</p>

    Psst... Don't take the hot air out of Zither's balloon! It's funny see how much more hot air he can blow!
  • Reply 5 of 40
    ericthehalfbeeericthehalfbee Posts: 4,485member


    And? Posner has also come down on Motorola as well. He's a no-nonsense judge who pulls no punches. Just because he gets mad at some Apple motions doesn't mean he's going to rule against Apple. He'll look at the facts of the case and base his decision on those.


     


    But just to remind people, the single biggest patent Apple has against Android was affirmed by Posner earlier this year. You know, the one Andy Rubin "stole" from Apple when he worked there. Not the multitouch patent (which is another biggie).

  • Reply 6 of 40
    markbyrnmarkbyrn Posts: 661member


    It's no wonder that Tim Cook dislikes using litigation; Apple is spending loads of money on lawyers and getting precious little in return.  

  • Reply 7 of 40
    slang4artslang4art Posts: 376member


     


    Quote:

    Originally Posted by markbyrn View Post


    It's no wonder that Tim Cook dislikes using litigation; Apple is spending loads of money on lawyers and getting precious little in return.  



     


    In my own experience, the legal system is more or less a joke.

  • Reply 8 of 40

    Quote:

    Originally Posted by jragosta View Post


     


    Quote:

    Originally Posted by I am a Zither Zather Zuzz View Post


     


     


     


    Way to go Apple!


     


    Half of their case was frivolous, and had to be pared back, but they keep piling on the  frivolous motions and frivolous filings. 


     


    Here's a clue:  Posner does not fall for hamhandedl attempts to construct a Reality Distortion Field.  


     


     



    And, in the end, this judge that you are praising to high heavens has sided with Apple on the important issues. From above:

    "Posner also issued an order in March upholding some of Apple's patent claims against Motorola. "



     


    At no point have I praised Posner to high heavens.  


     


    If you want to dispute anything I say, have at it.  But this constant dispute of things I never said is ... bizarre. 

  • Reply 9 of 40
    isheldonisheldon Posts: 570member


     


    Quote:

    Originally Posted by markbyrn View Post


    It's no wonder that Tim Cook dislikes using litigation; Apple is spending loads of money on lawyers and getting precious little in return.  



     


     


     


    Quote:

    Originally Posted by Slang4Art View Post


     


     


    In my own experience, the legal system is more or less a joke.



     


    I beg to differ- the legal system is necessary to right a wrong.


    BUT it does seem to be very much in need of an edit pen rather than loaded with all the petty add-ons if the judge is right (which they always are) .

  • Reply 10 of 40
    muppetrymuppetry Posts: 3,331member
    For those of us who don't spend much time following the details of litigation, it would be interesting to know whether this kind of exchange is unusual, or typical for cases like this.
  • Reply 11 of 40
    suddenly newtonsuddenly newton Posts: 13,819member
    Has Florian Mueller accepted the full-time staff writer position at AppleInsider yet?
  • Reply 12 of 40
    gatorguygatorguy Posts: 24,178member


    He may as well. He's already on both Oracle and Microsoft's payroll.

  • Reply 13 of 40

    Quote:

    Originally Posted by Suddenly Newton View Post



    Has Florian Mueller accepted the full-time staff writer position at AppleInsider yet?


     


     


    There is no reason for AI to make such an offer.  As of now, they get his stuff for free.

  • Reply 14 of 40
    gatorguygatorguy Posts: 24,178member

    Quote:

    Originally Posted by muppetry View Post



    For those of us who don't spend much time following the details of litigation, it would be interesting to know whether this kind of exchange is unusual, or typical for cases like this.




    There was another instance involving Apple's counsel last week. An ITC judge ordered sanctions against Apple for lying to the court, also requiring Apple to pay the additional legal costs incurred by Moto due to the false claims. That was unusual.

  • Reply 15 of 40
    jragostajragosta Posts: 10,473member

    Quote:

    Originally Posted by Gatorguy View Post




    There was another instance involving Apple's counsel last week. An ITC judge ordered sanctions against Apple for lying to the court, also requiring Apple to pay the additional legal costs incurred by Moto due to the false claims. That was unusual.



     


    Not really. It was a technicality and happens sometimes.



    Not to mention, of course, that it will be appealed and we'll have to wait to see what the appeals court says. ITC decisions are very frequently overturned on appeal.


     


    Background at:

    http://www.itcblog.com/20120427/alj-pender-issues-sanctions-order-against-apple-in-certain-wireless-communication-devices-337-ta-745/

  • Reply 16 of 40


    Hmmm - we need to clone this guy and send them out to rough-up the 9th circuit court in Cali. We need tough no-nonsense judges that know the laws, or at least have the wherewithal to fact-check lawyers and reign in the idiocy.


     


    Poor ZZZ, facts are such inconvenient items! GRIN.


     


    Gator - you keep making these statements with no evidence to back them up. Put your money where your mouth(fingers?) is and deliver, or stop making unsupported and unsupportable statements.

  • Reply 17 of 40
    gatorguygatorguy Posts: 24,178member

    Quote:

    Originally Posted by jragosta View Post


     


    Not really. It was a technicality and happens sometimes.



    Yes really. It's very unusual for seasoned attorneys to get court sanctions, not to mention embarrassing for the attorneys involved. You must be bored to continually call others wrong all day just to disagree..

  • Reply 18 of 40
    gatorguygatorguy Posts: 24,178member

    Quote:

    Originally Posted by fecklesstechguy View Post

    Gator - you keep making these statements with no evidence to back them up. Put your money where your mouth(fingers?) is and deliver, or stop making unsupported and unsupportable statements.


    Example?

  • Reply 19 of 40
    pdwatsonpdwatson Posts: 1member


    It IS unusual.  Monetary sanctions against counsel is definitely unusual.  Having a judge (any judge, not just a highly respected one) state on the record that he is fed up with your frivolous motions is also unusual.  I speak from 33 years experience as a trial lawyer.  If a judge said that to me, or to an associate of mine, I would be quite embarrassed and not a little concerned about my future in the case, and my client's future in the case as well.  


    Also, I have NEVER heard a judge tell counsel that if the frivolous motions continue they will need to seek leave from the court before filing any other motions.  That is pretty extraordinary in my experience. I have seen that happen a few times, but only for pro se litigants who appear to be mentally unstable, mostly in connection with divorce and family law proceedings and the like.  I would not want to be lumped together with mentally unstable divorce litigants, in the mind of my judge.

  • Reply 20 of 40
    quadra 610quadra 610 Posts: 6,757member


    Keep at 'em Apple. 


     


    "The next such motion, and I shall forbid (Apple) to file any motions without first moving for leave to file," the judge added in his decision.


     


    It isn't the lawsuits he's objecting to as such, but rather, Apple's last-minute maneuverings. Some of them might be unorthodox.   

Sign In or Register to comment.