Feeds

Apple-Moto patent gripe almost thrown out the door

US judge 'tentatively' dismisses IP lawsuit

3 Big data security analytics techniques

A US judge has finally gotten as sick of patent cases as the rest of the world and all but thrown out an Apple v Motorola Mobility lawsuit.

Judge Richard Posner has issued a tentative view that the case should be dismissed with prejudice, which would mean that neither of the companies could bring up their whinges again, and cancelled the beginning of the trial.

The "tentative" bit is legalese for the judge not being quite sure yet, but at the moment he reckons that neither of the warring firms have enough evidence to get any damages off each other and that's enough to stop the trial from starting.

He said that he would decide for definite within a week, when he would issue his full opinion, but he warned that he could still change his mind and allow the trial to go ahead.

Both the fruity firm and the now-Google-owned mobile maker were looking for injunctions as well, but Posner said that bans were out of the question.

"Injunctive relieve would impose costs disproportionate to the harm to the patentee and the benefit of the alleged infringement to the alleged infringer and would be contrary to the public interest," he said. "I cannot find a basis for an award of injunctive relief."

Despite the myriad battles between Apple and companies that use Android in their phones (so really against Google), this case had been whittled down already to just two patents on Apple's side and one infringement alleged by Motorola.

Tech lovers everywhere will be hoping that this is the beginning of the end for the Great Patent Wars, so that smartphone-makers can go back to making cool products, while Google is no doubt happy to avoid what would have been the first direct confrontation with the fruity firm since its acquisition of Motorola closed.

But Apple is perhaps not so pleased, since it was fighting to the end to get something out of the case. Judge Posner said that the iPhone-maker had urged him to hold a full evidentiary hearing on its attempt to get a ban at the last minute – at the end of the hearing yesterday afternoon.

The judge also said that Apple wanted declaratory relief, where he would assign rights and duties concerning the patents to the two firms, if no injunction was forthcoming.

Neither Google nor Apple had returned a request for comment at the time of publication. ®

SANS - Survey on application security programs

More from The Register

next story
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
Record labels sue Pandora over vintage song royalties
Companies want payout on recordings made before 1972
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Edward Snowden on his Putin TV appearance: 'Why all the criticism?'
Denies Q&A cameo was meant to slam US, big-up Russia
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Judge halts spread of zombie Nortel patents to Texas in Google trial
Epic Rockstar patent war to be waged in California
German space centre endures cyber attack
Chinese code retrieved but NSA hack not ruled out
APPLE FAILS to ditch class action suit over ebook PRICE-FIX fiasco
Do not pass go, do cough (up to) $840m in damages
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
SANS - Survey on application security programs
In this whitepaper learn about the state of application security programs and practices of 488 surveyed respondents, and discover how mature and effective these programs are.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.