RichardPosner
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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.
Judge Richard A. Posner scolds Apple's lawyers
Well-known Circuit Court Judge Richard A. Posner told Apple's lawyers that he is tired of the company's courtroom antics in its patent dispute with Motorola. According to a report in FOSS Patents, Posner writes in a recent order, "I've had my fill of frivolous filings by Apple. The next such motion, and I shall forbid it to file any motions without first moving for leave to file." FOSS Patents provides some insight into the back and forth that led to this harsh rebuke of Apple. In a nutshell, Apple is trying to block Motorola from deposing a particular expert by bringing up the same motion again, after it was denied the first time. Supposedly, the company is also pushing the issue so quickly that Motorola isn't able to adequately respond. Posner is overseeing the lawsuit in the United States District Court for the Northern District of Illinois.
