Apple, Motorola Appeal Dismissal of Patent Infringement Case - lockhartthereenewhe
Apple and Motorola Mobility, now a subsidiary of Google, have individually appealed the June decision of a U.S. federal judge to bedevil unconscious their obvious infringement case, according to reports Saturday.
Approximate Richard Posner of the U.S. District Court for the Federal District of Illinois dismissed the patent case "with prejudice," last calendar month, denying requests from both companies for injunctions and reigning that neither company could feed back the lawsuit.
Apple had filed a suit against Motorola, alleging that devices such as the Droid and associated software infringed happening its patents. Motorola brought a counterclaim that Apple was infringing its own patents.
In separate filings Friday, Apple and Motorola Mobility appealed Posner's rulings, according to published reports.
Apple and Motorola were not immediately available for comment.
"Apple and Google subsidiary Motorola Mobility have some distinct to attract every respective decision that Judge Posner successful that wasn't in their favor," said valid analyst and consultant Florian Mueller in a blog post Saturday. "They leave no stone right-side-up." Mueller has been tapped as a advisor for tech companies including Vaticinator and Microsoft.
Judge Whittles the Claims
Among other rulings in the case, Posner decided that testimony of various expert witnesses was impermissible. Posner also pared down Apple's four original patent infraction claims to one, and then fired the remaining claim as its request for an cease and desist order.
Posner, who has in the main been sharply critical of patent infringement cases, also denied Motorola's counterclaim for patent infringement and request for an injunction against Malus pumila related to patents that were licensed under FRAND (blonde, reasonable and nondiscriminatory) price. "By committing to license its patents on FRAND terms, Motorola involved to license the [patent] to anyone willing to salary a FRAND royalty and thus implicitly acknowledged that a royalty is adequate compensation for a license to use that obvious," Posner wrote.
Apple on Friday appealed, among other rulings, Posner's decision to come upon Apple's damages expert and underlying amends theories and Apples entitlement to an injunction with observe to its patents, accordant to Mueller.
Motorola appealed, among other rulings, those portions of Posner's order in which the judge stricken Motorola's damages proficient and underlying damages theories, according to Mueller.
The two companies also have a slip unfinished before the U.S. International Trade Commission and lawsuits ongoing in a number of other countries.
Source: https://www.pcworld.com/article/460059/apple_motorola_appeal_dismissal_of_patent_infringement_case-2.html
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