“Last week I reported on what’s left of the Apple-Motorola FRAND dispute in Wisconsin after the trial was canceled. At this stage it all comes down to the question of whether the dismissal would be with or without prejudice. In the former case, Apple fears that its ability to raise certain FRAND defenses against the Google subsidiary’s infringement claims would be impaired by the res judicata effect of dismissals with prejudice,” Florian Mueller reports for FOSS patents. “In the latter case, Motorola says it might have to relitigate issues on which the parties already spent a lot of time and money (and which also required resources of the U.S. court system) in the Wisconsin proceeding, which it would consider unfair.”
“The minute order on the November 5 dismissal of the bench trial originally scheduled to commence later that day was a dismissal with prejudice,” Mueller reports. “But Apple filed a bench memorandum after the hearing and three days later, Judge Barbara Crabb reaffirmed and explained in writing here decision to dismiss the case, but semi-surprisingly opened the door to reconsideration on the question of prejudice, saying that ‘[t]he court will decide whether the dismissal is with or without prejudice after the parties have completed briefing on the issue.'”
Mueller reports, “Yesterday Motorola filed its reply brief to Apple’s memorandum…[in which] Motorola once again proposed binding arbitration as a path to a solution. I’m not sure that this proposal is serious.”
Read more in the full article here.
[Thanks to MacDailyNews Reader “Dan K.” for the heads up.]