After an injunction hearing earlier this week, Judge Posner has issued his final decision on whether to throw out the Motorola v. Apple case. The result? You're (both) outta here.
Judge Posner dismissed both parties' cases with prejudice earlier this evening (meaning Apple and Moto cannot refile against one another on these issues in any other federal court). Apple will, of course, appeal.
Posner's feeling on Apple's insistent demand for an injunction against Motorola's smartphone products was summed up best by the following excerpt from the decision:
And while the patents themselves (or some of them at least) may well have considerable value, after the claims constructions by Judge Crabb and myself and after my grants of partial summary judgment only a handful of the original patent claims remain in the case; infringement of that handful may not be a source of significant injury past, present, or future.
The presiding judge in the Motorola v. Apple case in Illionois, Richard Posner, has just handed down an order dismissing all claims of both parties in the case, just as it was set to go to trial on Monday. Posner's preliminary order (he'll be writing a full decision soon, which I can't wait to read) basically says neither party was able to show that the infringement of patents by the other resulted in the production of evidence that said infringement actually caused them any harm. Read More
Update: It should come as no surprise, but Samsung has responded to Apple's attack on the Galaxy S III, saying it will "demonstrate to the court that the Galaxy S III is innovative and distinctive."
Apple and Samsung's ongoing litigation in California federal court has become something of a three-ring circus. Back in December, the presiding judge denied Apple's request for a preliminary injunction against a wide variety of Samsung products. Read More
Apple has filed a new complaint with the ITC against HTC over the same data-tapping patent that caused a substantial disruption of HTC's supply line into the United States, and resulted in delayed or stifled launches for a number of phones.
After removing the multi-option dialogue that appeared upon pressing a phone number in an email or webpage from its devices, HTC proclaimed it was clear of Apple's patent on data-tapping techniques. Read More
According to an exclusion order issued by the ITC, some of Motorola Mobility's smartphone devices are in violation of four claims in a Microsoft patent related to scheduling meetings in a calendar. The specifics really aren't important - basically, the ITC found that Motorola infringed a Microsoft patent related to mobile software for creating and sending meeting invitations.
Motorola and Google had argued that an exclusionary order banning the import of offending Motorola devices wasn't in the public interest, but the judge didn't buy it. Read More
We reported last night that, due to an ITC order on an Apple patent infringement claim, at least some of HTC's One X and EVO 4G LTE smartphones had been halted at shipping ports by US Customs.
The implications of this for the EVO 4G LTE just got worse, as Sprint has been forced to concede that the planned May 18th launch will have to be delayed until the customs investigation is completed. Read More
US Customs has halted at least some shipments of the HTC One X and EVO 4G LTE (presumably at the Port of Los Angeles), as a result of an earlier ITC order won by Apple over a patent lawsuit for "data tapping" (context-sensitive text-based actions) in the browser and messaging apps on some HTC phones.
These features, HTC contends, have been removed from the One X and EVO 4G LTE, and HTC is "confident" that it is in compliance with the ruling:
The US availability of the HTC One X and HTC EVO 4G LTE has been delayed due to a standard U.S.
It seems Sprint just can't catch a break lately. After the LightSquared LTE fiasco (it seems eminently likely Sprint will be forking over $65 million and have to cancel the deal), this just seems a bit like kicking the company when it's already down. Comcast has filed suit in Pennsylvania against the nation's number-three carrier, and it's for patent infringement.
Namely, Comcast alleges that Sprint is violating patents it owns covering technologies like SMS/MMS, mobile broadband cards and hotspots, as well as certain traffic routing technologies (IP/MPLS). Read More
A recent Newsweek article has been making the rounds claiming, through an unnamed Apple "insider," that Apple has spent north of $100 million litigating its various grievances against HTC since late 2010. Verifying the accuracy of this number is pretty much impossible. But that doesn't really matter. It may just as well be $80 million, $150 million, or $300 million - the conclusion drawn would remain the same: Apple is spending quite a chunk of income on its growing lawsuit habit. Read More
International Trade Commission Judge Theodore Essex decided in Washington today that Motorola Mobility did not violate three of Apple's Patents, as the Cupertino tech giant had claimed. Two of the patents related to touchscreen features, including multi touch, and a device's ability to recognize various types of manual input, like sliding and pinching gestures. The third, as Bloomberg explains, "is for a way to add components without having to run an installation program or rebooting."
This case comes as one of many in a long saga of attacks on Android for alleged patent infringement, part of an effort by Apple across four continents to prove that Android copies pieces of the iPhone's functionality. Read More