Judge Posner To Apple & Motorola: Go Home

reebmmm writes "Seventh Circuit Court of Appeals Judge Richard Posner, voluntarily sitting as a district court judge, in the patent infringement dispute between Apple and Motorola has, tentatively, dismissed the case on the eve of trial. In this hilariously short order, Judge Posner states, 'I have tentatively decided that the case should be dismissed with prejudice because neither party can establish a right to relief.' Because it is 'with prejudice' the parties cannot refile their case. The parties are likely to appeal the order (when it's finalized)."

Re:Common sense

[DragonWriter]

This seems like common sense and the first good news in a while about our seemingly broken patent system.

It seems to me that if it can be done on a computer any computer, than it's not automatically "novel" if you can do it on a slightly different type of computer

The (tentative) ruling has nothing to do with definitions of patentable subject matter, novelty for patent purposes, or validity of the patents for any other reason; it is all about the inability of either side to demonstrate damages tied to the alleged violation of the presumed-valid patents, and the lack of any basis for any relief aside from an award of damages. From the ruling:

"Apple concedes that [...] it cannot prove damages for the alleged infringement of the '002 and '949 patents. [...] I tentatively conclude that its admissible evidence of damages with respect to [its claims for infringement of the '263 and '647 patents] does not [...] withstand Motorola's motion for summary judgement. I likewise conclude that the admissible evidence of damages with respect to the alleged infringement of Motorola's '898 patent also fails to create a genuine issue of material fact. That leaves only the parties' claims to injunctive relief. [...] I cannot find a basis for an award of injunctive relief."

Re:Posner == Poser

[Fjandr]

He did no such thing. He issued a tentative ruling as a heads' up courtesy to the litigants. This will allow one, the other, or both one mad dash, last-ditch effort to get their shit together if they actually have any shit to get together before they get kicked up to the next level.

Re:Huh

[grcumb]

Sounds like ol'timey judgin'.

Y'all idjits go home now, and stop actin' like children in my here courtroom.

I don't necessarily like every one of Judge Posner's decisions or opinions, but he is a remarkably erudite man. He writes opinion pieces fairly regularly, and they're generally informed and well-reasoned. Just Google his name for samples.