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Apple and Motorola appeal Judge Posner's patent dismissal

Once more unto the breach
Mon Jul 23 2012, 13:12

SMARTPHONE MAKERS Apple and Motorola have appealed US Circuit Court Judge Richard Posner's ruling to dismiss both firm's patent infringement claims against each other.

Judge Posner handed down a victory for common sense last month by dismissing both Apple's and Motorola's claims that each firm had infringed the other's patents. Now both companies have appealed Judge Posner's decision.

When Judge Posner handed down the 38-page ruling back in June, he did so with prejudice, writing, "Apple is complaining that Motorola's phones as a whole ripped off the Iphone as a whole, but Motorola's desire to sell products that compete with the Iphone is a separate harm - and a perfectly legal one - from any harm caused by patent infringement."

Judge Posner had also agreed to hear arguments on whether either firm would be able to get injunctive relief. But after hearing those arguments he determined that neither firm could win a sales injunction.

After Judge Posner's ruling, Motorola said it welcomed the verdict, though it hinted that it would appeal by saying that it would continue to defend its patents. Of course Apple appealed too. µ


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