Apple and Google both appeal Judge Posner’s ruling

“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.]

Related articles:
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


  1. Knowing people who have used judges like this it’s usually a miscarriage of justice and their judgments suspect or flawed. I don’t know how you get evenhanded blind justice when the men involved bring their own biases and misinterpretations. And of course incompetence. One judge says yes and another no. Just wait, look around and find the one that has the right judgment for you!

  2. He should step out of the picture. How stupid to say he wants to practice with Apple and Google?! Leave it to the Pros and step your sorry arse out…. Oh, please let the door hit you on the way out!

  3. The guy basically said all patent law should be abolished. Unfortunately that’s not the law, and if he were to run for office to change those laws he’d lose.

    Worse decision since Dred Scott v. Sanford.

  4. If judge POSner wants to change the current laws he should run for office and get elected, then he can pass legislation to CHANGE the law.

    Otherwise do your job and judge based on the CURRENT laws or retire you idiot.

    1. I thought Republican appointees didn’t legislate from the bench. He was appointed by Saint Ronald Reagan, just like the San Francisco Judge that b-slapped Prop 8.

  5. At least he didn’t use the unprofessional mental process of the British judge that ruled that Samsung wasn’t “cool enough” to have copied Apple, now that’s retarded and should be thrown out on appeal.

    1. No, they started at the Constitutional Convention when the southern slave states were pandered to in a laundry list of ways, from slavery to the 3/5th rule to the electoral college.

      Second would be the Santa Clara RR decision relating to corporate personhood in legal matters.

      Third wold be the outright theft of the Y2K election by the 5 Republican appointed Supremes who appointed Dubya POTUS.

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