Judge Posner praises Apple’s claim constructions as ‘superior,’ calls Motorola proposal ‘ridiculous’

“In a recent post on key patent trials that will involve Apple in June, I said that claim construction in a very important federal lawsuit against Motorola in the Northern District of Illinois (Motorola’s home court) worked out very well for Apple. In particular, Apple’s proposed constructions succeeded with respect to two high-impact patents, the realtime API patent and the touchscreen heuristics patent,” Florian Mueller reports for FOSS Patents. “Two new orders by Judge Posner (dated March 12, but entered into the electronic court records only today) provide further indication that claim construction — a key intermediate step in U.S. patent lawsuits — is going very well for Apple in that Chicago litigation.”

“One of the orders urges the parties to write up claim constructions (phrases that explain the meaning of key terms in the languages of the patent claims ‘in ordinary English intelligible to persons having no scientific or technical background.’ The judge says that ‘the court‐appointed experts could explain opaque claims constructions to the jurors, but that would waste a lot of trial time.’ On Monday, the parties will present their proposals to Judge Posner,” Mueller reports. “While the order expresses concern that ‘many of the proposed claims constructions are not in language intelligible to jurors,’ it notes upfront that ‘[s]ome are; and in this respect Apple’s proposed constructions are on average superior to Motorola’s.'”

Mueller reports, “A second order relates to Motorola’s proposal concerning the interpretation of a term from one of its three asserted standard-essential patents… The text of the order… dismisses Motorola’s related claim construction argument as ‘ridiculous,’ a term that judges use sparingly.”

Much more in the full article here.

Related article:
Samsung suffers second and even more important FRAND defeat to Apple in the Netherlands – March 14, 2012


  1. No grey area here. Black & White! The TRUTH!! Finally!!!
    Steve Jobs is in a better place. He is looking down this very moment with Grateful satisfaction. It is our responsibility to remain true and “Do The Right Thing” Always….. Black & White. You Do Good You Get Good. You Do Bad You Get Bad. Legacy Apple Computer Inc., Macintosh Faithfuls we have work still to do. DO NOT GET COMPLACENT! I do wish Steve Jobs was still here…. But his time was up and there is absolutely NOTHING we can do about his hastened
    departure. What we can do is hold his tourch HIGH and keep his legacy fresh in the minds of all those who seek and dare to “THINK DIFFERENT”. Here is to the crazy ones. Amen. Thank You Steven Paul Jobs. From the bottom of my heart I thank you. For all of those who are in the know….. This is not about the money!!!!!! However those of us who stuck it out ,have a clear conscience. In addition we have few extra pennies in our pockets ;). Hey Mikey!? What would you do with Apple Computer? Eh?

  2. This judge just might be likely to throw out those constructions that are not intelligible. This would seem to work out in Apples favor. MMI won’t be able to ‘baffle them with BS!’ Apple might win by default-only party with understandable constructions. way to go Apple! 🙂

  3. If you have designed/invented/discovered/patented anything, BEST be able to explain technically AND in layman terms as to what you have done. It’s an advantage.

    Educators typically do this well. An ability to sense a need to change the level of communication for better comprehension. One, it expresses you really know your stuff. Two, you gain a greater number of people in an audience who understands you. Three, it empowers this belief that you are the expert.

    Good for Apple.

    “phrases that explain the meaning of key terms in the languages of the patent claims ‘in ordinary English intelligible to persons having no scientific or technical background.”

    De-constructism of OSX gave us iOS.
    From where does Android come from?

  4. Posner is not a typical judge, he is a judicial and academic rock star. So the fact that he calls something “ridiculous” could mean either more or less than most judges doing so. More because he’s so respected; less because he always has a very casual, confident, rock-star style of writing compared to most judges.

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