“When Judge Posner dismissed an Apple v. Motorola Mobility patent infringement lawsuit in Chicago about a month ago, I analyzed his decision in detail and agreed with him in many ways, though I also predicted that the parties would appeal — which they did yesterday — and warned that the Federal Circuit, which is quite patent-holder-friendly, might reverse parts of it,” FLorian Mueller writes for FOSS Patents. “Actually, 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.”
“I believe the FRAND part of the decision is much more robust, thus more likely to be affirmed, than the part relating to Apple’s claims,” Mueller writes. “Not only is it extremely well-reasoned but Judge Posner is much more of an expert in antitrust law than in patent law. He volunteered to preside over this case because he ‘enjoys’ patent cases, and was sitting on a trial court ‘by designation,’ but as an appellate judge he never gets patent cases because they are all appealed to the Federal Circuit in Washington DC.”
Mueller reports, “Apple and Google subsidiary Motorola Mobility have both decided to appeal every single decision that Judge Posner made that wasn’t in their favor. They leave no stone unturned.”
Read more in the full article here.
MacDailyNews Take: Posner should have left the case to an expert patent law. Wasting everyone’s time — especially Apple’s while they continue, seemingly ad infinitum, to get ripped off in myriad ways — for his own “enjoyment” ought to be actionable.
[Thanks to MacDailyNews Reader “Florian Mueller” for the heads up.]
Judge who tossed Apple’s lawsuit against Google’s Motorola Mobility questions need for patents – July 5, 2012
Judge dismisses entire Apple-Moto patent suit with prejudice – June 23, 2012
Apple, Motorola should just play nice and pay royalties, suggests judge – June 21, 2012