[QUOTE][B]Judge says neither Apple nor Motorola has been able to prove damages in the patent tussle over iOS and Android and that neither company will be permitted to refile a claim.[/B]
[IMG]http://asset2.cbsistatic.com/cnwk.1d/i/tim/2012/06/22/apple-android.jpg[/IMG]
A U.S. judge has tossed out the Apple v. Motorola patent case for good, according to reports.
Judge Richard Posner of the U.S. District of Northern Illinois said neither Apple nor Motorola has been able to prove damages and that neither company would be permitted to refile a claim, according to All Things Digital.
"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. This case is therefore dismissed with prejudice; a separate order to that effect is being entered today." ATD quoted Posner as having said in his ruling.
Earlier this month, Posner canceled Apple's patent infringement jury trial against Google's Motorola Mobility unit, then granted Apple's request for an injunction hearing.
On Wednesday, Posner strongly questioned Apple's bid for an injunction against Motorola smartphones, saying, according to Reuters, that a ban on sales could have "catastrophic effects" and would be "contrary to the public interest."
Apple has been waging a patent war over its iOS mobile operating system and Google's competing Android OS. Motorola sued Apple in 2010, in what some saw as a preemptive strike, but over the course of the legal proceedings, many of Motorola's claims had been tossed out, leaving the company with little ammunition.
The one claim Motorola had left was based on a patent it had agreed to let other companies use in exchange for the covered-technology becoming an industry standard (a so-called frand patent). At the time of his "catastrophic effects" comment to Apple, Posner had also told Motorola's lawyers, according to Reuters, "I don't see how you can have injunction against the use of a standard-essential patent."
While this evening's ruling, and the accompanying evaporation of an Apple injunction against Motorola devices, is a win for Motorola, Posner's decision and his comments during the case seem to go beyond any one company.
During the legal proceedings, the judge also pointed to serious problems with the U.S. patent system and questioned the worth of many software patents, saying, Reuters reported, "You can't just assume that because someone has a patent, he has some deep moral right to exclude everyone else."
Apple declined to comment on this evening's ruling. We've contacted Motorola for comment and will update this post if we hear back.[/QUOTE]
[URL="http://news.cnet.com/8301-1035_3-57459266-94/judges-tosses-apple-v-motorola/"]Source[/URL]
Looks like Apple's confidence is starting to fall apart slowly.:v:
Good. Apple needs to learn that you don't compete by suing everyone who threatens your market share.
patent all new technology and prevent any technological progress
[B]CHOKE ON THAT, APPLE![/B]
Then the next day, Apple sues the judge.
Motorola sued Apple first. It's Motorola who are now in trouble (they are now being investigated by the EU for abusing their FRAND patents. None of the patents Apple asserted were FRAND).
[editline]23rd June 2012[/editline]
It's good anyway because it's bullshit on both sides, but Motorola started this fight, not Apple.
[QUOTE=Dr Egg;36455712]
It's good anyway because it's bullshit on both sides, but Motorola started this fight, not Apple.[/QUOTE]
I don't care who started it, all I care about is that neither of them won
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