JudgeRichardPosner
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Apple and Google appealing dismissal of Apple versus Motorola lawsuit
Back in June, TUAW reported on the dismissal of reciprocal lawsuits brought by Apple and Motorola Mobility -- now part of Google -- against each other. At the time, it was stated that "both companies apparently failed to adequately demonstrate that injunctive relief would be appropriate, nor did they put solid justifications for damages into play." Well, after cooling down a bit, the two companies are at it again; they both filed appeals to Judge Richard Posner's dismissal on July 20, 2012. Judge Posner, author of a number of scholarly books on law and economics, is considered an antitrust law expert, and volunteered to preside over the Apple v. Motorola case because he "enjoys" patent cases. Both parties were very unhappy with Posner's decision, with FOSS Patents' Florian Mueller saying that Apple and Google are opposing every ruling that was not in their respective favor. By moving to the Federal Circuit, Apple and Motorola are hoping that part of Posner's decisions will be overturned. As Mueller notes, "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." [via AppleInsider] #next_pages_container { width: 5px; hight: 5px; position: absolute; top: -100px; left: -100px; z-index: 2147483647 !important; }
Judge dismisses Apple vs. Motorola in its entirety, companies unable to prove damages
After tentatively shutting down (and reviving) Apple and Motorola's legal spat, Judge Richard Posner has put the lid on the case once and for all, dismissing it in its entirety this evening. Neither company was able to satisfy the Judge's call for proof of damages, causing him to dismiss the case and block both firms from refiling claims. "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." Posner said, "This case is therefore dismissed with prejudice; a separate order to that effect is being entered today." Posner's dismissal with prejudice means that Apple and Motorola's claims cannot be brought before the court again. Guess they'll have to find something else to fight over, eh? Check out the Judge's full opinion after the break.
