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Judge dismisses Apple vs Motorola case | Judge dismisses Apple vs Motorola case |
(about 1 hour later) | |
Apple can no longer pursue an injunction against Motorola Mobility, after a US judge dismissed the iPhone maker's smartphone patents lawsuit. | Apple can no longer pursue an injunction against Motorola Mobility, after a US judge dismissed the iPhone maker's smartphone patents lawsuit. |
Judge Richard Posner ended the case "with prejudice" between the firms, meaning that neither can re-file the suit - but an appeal is possible. | Judge Richard Posner ended the case "with prejudice" between the firms, meaning that neither can re-file the suit - but an appeal is possible. |
Reuters quoted a Motorola Mobility spokeswoman as being pleased about the dismissal of the case. | Reuters quoted a Motorola Mobility spokeswoman as being pleased about the dismissal of the case. |
Apple declined to comment. | |
"Apple is complaining that Motorola's phones as a whole ripped off the iPhone as a whole," Judge Posner wrote in the 38-page ruling as he ended the case. | "Apple is complaining that Motorola's phones as a whole ripped off the iPhone as a whole," Judge Posner wrote in the 38-page ruling as he ended the case. |
"But Motorola's desire to sell products that compete with the iPhone is a separate harm - and a perfectly legal one - from any harm caused by patent infringement." | "But Motorola's desire to sell products that compete with the iPhone is a separate harm - and a perfectly legal one - from any harm caused by patent infringement." |
The judge added that Apple had not clearly shown that its phones had "suffered loss of market share, brand recognition, or customer goodwill as a result of Motorola's alleged infringement of the patent claims still in play in this case." | The judge added that Apple had not clearly shown that its phones had "suffered loss of market share, brand recognition, or customer goodwill as a result of Motorola's alleged infringement of the patent claims still in play in this case." |
'Expected' result | 'Expected' result |
Analysts say the outcome of the trial is not a huge surprise. | Analysts say the outcome of the trial is not a huge surprise. |
"Judge Posner had previously cancelled a jury trial and indicated his inclination to dismiss the case," wrote patent consultant Florian Mueller in his blog, Foss Patents. | "Judge Posner had previously cancelled a jury trial and indicated his inclination to dismiss the case," wrote patent consultant Florian Mueller in his blog, Foss Patents. |
Mr Mueller was recently commissioned by Microsoft to study certain types of patent litigation. | Mr Mueller was recently commissioned by Microsoft to study certain types of patent litigation. |
"[The companies] will keep trying elsewhere: this case is 100% certain to be appealed to the Federal Circuit." | "[The companies] will keep trying elsewhere: this case is 100% certain to be appealed to the Federal Circuit." |
According to Mr Mueller, the ruling shows that Apple: "Didn't do its homework in terms of expert reports and witnesses to be entitled to an injunction (or the alternative, monetary compensation) while it had the chance to do so. | According to Mr Mueller, the ruling shows that Apple: "Didn't do its homework in terms of expert reports and witnesses to be entitled to an injunction (or the alternative, monetary compensation) while it had the chance to do so. |
"He (the judge) doesn't rule out that Apple might have won either an injunction or at least damages (if it had been given the chance to prove an infringement)." | "He (the judge) doesn't rule out that Apple might have won either an injunction or at least damages (if it had been given the chance to prove an infringement)." |
Besides being a blow to Apple, the case could also have consequences for other patent disputes in future, added the analyst. | Besides being a blow to Apple, the case could also have consequences for other patent disputes in future, added the analyst. |
In February, Apple won a patent dispute against Motorola Mobility regarding a "slide-to-unlock" feature on smartphones. | In February, Apple won a patent dispute against Motorola Mobility regarding a "slide-to-unlock" feature on smartphones. |
Motorola Mobility is in the process of being acquired by Google, and most of its handsets run on the search firm's mobile operating system, Android. | Motorola Mobility is in the process of being acquired by Google, and most of its handsets run on the search firm's mobile operating system, Android. |
The Android system is Apple's closest rival in the smartphone market. | The Android system is Apple's closest rival in the smartphone market. |
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