A federal judge in Chicago has formally dismissed a patent case brought by Apple against Motorola with prejudice. ‘With prejudice’ means that neither side can refile the case, however they can appeal the judge’s decision.
In my opinion, this is a big loss for Apple in the long run as it will allow Google to compete more effectively against Apple.
Apple has a reputation for doing everything very well. The irony here is that Apple doomed its case by its own inadequate preparation. The court ruled that Apple’s expert testimony was inadmissible due to an inadequate report on damages.
In my view this case is important for several reasons. The judge in this case Richard Posner is no run-of-the-mill judge. He is the author of nearly 40 books. Based on citations of his opinions in other cases, he enjoys great respect in the legal community. I go out of my way to carefully study his rulings in the cases that interest me primarily for the sake of learning.
“A patentee cannot base a claim to an injunction on a self-inflicted wound, such as sponsoring a damages expert who prepares a demonstrably inadequate report,” Judge Posner wrote to explain his ruling...Read more at Forbes
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