Apple, Google appeal dismissal of Apple v. Motorola suit

Posted:
in General Discussion edited January 2014
Both Apple and Google on Friday filed appeals to Judge Richard Posner's June decision to dismiss Apple v. Motorola, a case that has been in litigation since 2010.

The expected move will take Apple's suit to the Federal Circuit, which FOSS Patents' Florian Mueller notes is seen as being partial to patent-holders and may likely reverse some of Judge Posner's ruling.

Mueller said that "given the large number of claims at issue in that action and the fact that the Federal Circuit reverses at last part of an appealed ruling in more than 40% of all cases, it would be a statistical anomaly if each and every one of Judge Posner's decisions was affirmed."

While the highly-esteemed Judge Posner is an expert in antitrust law, he is in actuality an appellate judge and volunteered to preside over the Apple v. Motorola trial case "by designation" because he "enjoys" patent cases.

According to Mueller, both Apple and Google are opposing every ruing that was not in their respective favor.

US Appeals Court
U.S. Court of Appeals for the Federal Circuit. | Source: U.S. Courts


Apple's filing appeals:
1. those portions of the Court's summary judgment and claim construction orders that were adverse to Apple (including without limitation Dkt. Nos. 176, 526, 556, 671, 691, 706, 724, 751, 767, 826 and 1005);

2. those portions of the Court's evidentiary orders (including without limitation Dkt. Nos. 960 and 980) that were adverse to Apple in excluding certain evidence Apple intended to offer;

3. those portions of the Court's May 22, 2012 Opinion and Order adverse to Apple in which the Court struck Apple's damages expert and underlying damages theories (Dkt. No. 956); and

4. those portions of the Court's June 22, 2012 Opinion and Order adverse to Apple granting summary judgment against Apple as it relates to (1) Apple?s damages theories and (2) Apple?s entitlement to an injunction with respect to the Apple patents (Dkt. No. 1038).
Google and its subsidiary Motorola appeal:
1. those portions of the Court's summary judgment and claim construction orders that were adverse to Motorola (including without limitation Order of May 20, 2012 not appearing on the docket and Dkt. Nos. 176, 526, 556, 671, 691, 751, 747, 767, 826, 1005, 1038);

2. those portions of the Court's evidentiary orders (including without limitation Dkt. Nos. 771, 747, 803, 830, 900, 958, 956, 980) that were adverse to Motorola in excluding certain evidence Motorola intended to offer or in precluding Motorola from supplementing its expert reports or record evidence;

4. the Court's order denying Motorola's motion to dismiss or transfer this case (including without limitation Dkt. Nos. 66);

5. those portions of the Court's May 22, 2012 Opinion and Order adverse to Motorola in which the Court struck Motorola's damages expert and underlying damages theories (Dkt. No. 956); and

6. those portions of the Court's June 22, 2012 Opinion and Order adverse to Motorola granting summary judgment against Motorola as it relates to (1) Motorola's damages theories and (2) Motorola's entitlement to an injunction with respect to the Motorola patents (Dkt. No. 1038).
Judge Posner temporarily canceled Apple's trial in early June but decided to rehear the case two weeks later. In the follow-up hearing Apple once again sought an injunction against certain Motorola handsets that allegedly infringed on four patents regarding heuristics, UI elements and wireless technology.

Apple's case was in response to Motorola's own patent claims against the iPhone maker concerning certain wireless technology.

In Friday's appeals, both parties argued that a judgment should be handed down as required by law but the filings could instead result in separate trial cases for any or all of the highlighted issues.
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Comments

  • Reply 1 of 48
    tallest skiltallest skil Posts: 43,388member


    "Wow. Look at all those numbers and points. Apple needs to stop litigating and start innovating. They're clogging up the court system with this stuff, and you know, it's not even theirs. Google did it first It's stuff that will be declared FRAND Apple just wants a monopoly Consumers are tired of these lawsuits Apple's afraid of competition…"

  • Reply 2 of 48


    Wait, is this the 3G patent case?

  • Reply 3 of 48
    tylerk36tylerk36 Posts: 1,037member


    Wow.  I would love to have 10% of all the legal fees as a monthly income.  LOL.

  • Reply 4 of 48
    SpamSandwichSpamSandwich Posts: 33,407member


    My goodness, Android fanatics (believe it or not, there actually are such creatures) will literally die of spontaneous human combustion if Posner's ruling is overturned. I'll be standing by with a can of lighter fluid.

  • Reply 5 of 48
    SpamSandwichSpamSandwich Posts: 33,407member

    Quote:

    Originally Posted by Tallest Skil View Post


    "Wow. Look at all those numbers and points. Apple needs to stop litigating and start innovating. They're clogging up the court system with this stuff, and you know, it's not even theirs. Google did it first It's stuff that will be declared FRAND Apple just wants a monopoly Consumers are tired of these lawsuits Apple's afraid of competition…"



     


    Hee, hee! Let it be stricken from the record, one line at a time.


     


    Also, I'd like to recommend Judge Posner retire from the bench permanently. Have a nice vacation, judge!

  • Reply 6 of 48
    tallest skiltallest skil Posts: 43,388member

    Quote:

    Originally Posted by SpamSandwich View Post

    My goodness, Android fanatics (believe it or not, there actually are such creatures) will literally die of spontaneous human combustion if Posner's ruling is overturned. I'll be standing by with a can of lighter fluid.


     


    I'd sort of like spontaneous human combustion to be proven true; I'd like to have it not be spontaneous and be able to set my leg ablaze whenever I wanted (get out of meetings and such). Catch it early enough and it's just first-degree burns, which aren't as big a deal. 


     


    But burning them yourself sort of cuts out the spontaneity…


     


    ?????????????????

  • Reply 7 of 48
    SpamSandwichSpamSandwich Posts: 33,407member

    Quote:

    Originally Posted by Tallest Skil View Post


     


    I'd sort of like spontaneous human combustion to be proven true; I'd like to have it not be spontaneous and be able to set my leg ablaze whenever I wanted (get out of meetings and such). Catch it early enough and it's just first-degree burns, which aren't as big a deal. 


     


    But burning them yourself sort of cuts out the spontaneity…


     


    ?????????????????



     


    The lighter fluid is to be used after Android suffers a string of crushing courtroom defeats. I reckon the fires will be self-made.

  • Reply 8 of 48
    solipsismxsolipsismx Posts: 19,566member
    Now that Google is appealing to dismissal of this court case will [B]GatorGuy[/B] finally acknowledge that Google is controlling Motorola's court cases?
  • Reply 9 of 48
    tallest skiltallest skil Posts: 43,388member

    Quote:

    Originally Posted by SolipsismX View Post

    Now that Google is appealing to dismissal of this court case will GatorGuy finally acknowledge that Google is controlling Motorola's court cases?


     


    Probably not.


     


    Quote:


    Originally Posted by This page right here, hey, click the link for perhaps the first time, as it links to the page in question and not a post here; how about that View Post


    Google will run Motorola Mobility as a separate business.


  • Reply 10 of 48
    hill60hill60 Posts: 6,992member
    Maybe Apple and Google should hire some organic chemists as in the world according to Posner their work is the ONLY work requiring patents.

    The simple fact is justice WAS NOT served due to the inherent bias of the judge, who took this case on seemingly with the ulterior motive of dismissing it out of hand, a foregone conclusion.

    Basically Posner abused his position following his own agenda, which has no place in a fair and just judicial system.

    For more on Posner's take on this, may I suggest the following article as a bit of an eye opener:-

    http://www.theatlantic.com/business/archive/2012/07/why-there-are-too-many-patents-in-america/259725/

    There's a line, Posner crossed it.
  • Reply 11 of 48
    gtrgtr Posts: 3,231member

    Quote:

    Originally Posted by SolipsismX View Post



    Now that Google is appealing to dismissal of this court case will GatorGuy finally acknowledge that Google is controlling Motorola's court cases?


     


    Gatorguy would never acknowledge that about his employer.


     


    Sorry.


     


    My bad.


     


    That other company.

  • Reply 12 of 48
    boredumbboredumb Posts: 1,418member

    Quote:

    Originally Posted by hill60 View Post



    Basically Posner abused his position following his own agenda, which has no place in a fair and just judicial system.

     


    Wait...there's a country somewhere with a "fair and just judicial system"??!?!!?

  • Reply 13 of 48
    quadra 610quadra 610 Posts: 6,757member
    boredumb wrote: »
    Wait...there's a country somewhere with a "fair and just judicial system"??!?!!?

    Cardassia.




    Oh wait ......






    Oh wait ..... again.
  • Reply 14 of 48

    Quote:

    Originally Posted by SpamSandwich View Post


    My goodness, Android fanatics (believe it or not, there actually are such creatures) will literally die of spontaneous human combustion if Posner's ruling is overturned. I'll be standing by with a can of lighter fluid.



    Bit extreme, no?

  • Reply 15 of 48
    gtrgtr Posts: 3,231member

    Quote:

    Originally Posted by fredaroony View Post


    Bit extreme, no?



     


    So you reckon normal petrol should be enough?

  • Reply 16 of 48
    sflocalsflocal Posts: 6,099member

    Quote:

    Originally Posted by GTR View Post


     


    So you reckon normal petrol should be enough?



     


    Preferably in a high-oxygen environment.  Only way to be sure. :)

  • Reply 17 of 48
    solipsismxsolipsismx Posts: 19,566member
    I know of only one way to deal with an Android.


    [INDENT][IMG]http://forums.appleinsider.com/content/type/61/id/8844/width/500/height/1000[/IMG][/INDENT]
  • Reply 18 of 48
    fredaroonyfredaroony Posts: 619member
    solipsismx wrote: »
    I know of only one way to deal with an Android.
    1000

    Your post was nonsense but thanks for your signature though! I didn't know we could put it back to the previous version.
  • Reply 19 of 48
    minicaptminicapt Posts: 219member

    Quote:

    Originally Posted by fredaroony View Post





    Your post was nonsense but thanks for your signature though! I didn't know we could put it back to the previous version.


    … and you are very quick to notice things.


     


    Cheers

  • Reply 20 of 48
    fredaroonyfredaroony Posts: 619member
    minicapt wrote: »
    … and you are very quick to notice things.

    Cheers

    How else would I have known that? Hardly obvious..

    Cheers
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