Patent infringement | "Apple and Motorola Appeal Dismissal of Patent Infringement Claims Against Each Other"

By: Francis Rey
Source: http://socialbarrel.com
Category: Patent infringement

Apple and Motorola Mobility have each appealed to a U.S. federal judge, following his June verdict to discard both companies’ patent infringement case.

U.S. District Court Judge Richard Posner, of the Northern District of Illinois, dismissed the patent case involving Apple’s suit against Motorola, claiming the Droid and related software devices are breaching on its patents. Conversely, Motorola filed a counterclaim against Apple for the same reason, leaving both firms’ horns pushing against each other.

It was noted last month that Judge Posner dismissed the case “with prejudice”, rejecting requests from both companies under sanctions and ruling that neither party is allowed to resubmit the complaint.

However, according to reports published on Saturday, each firm still filed an appeal to Posner’s rulings on Friday.Apple and Motorola were not immediately available for comment.

A legal analyst and consultant who have been appointed for technological firms such as Oracle and Microsoft, named Florian Mueller, said in a blog post on Saturday, “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.”

Generally known for having been particularly precarious on these given types of cases, Posner declared that in the middle of other findings in the proceedings, the testaments presented by several knowledgeable witnesses were irrelevant. The presiding judge also trimmed down Apple’s four original patent infringement claims into one, eventually terminating the residual claim as its appeal for a sanction.

On the other hand, Posner rejected Motorola’s counterclaim against Apple for patent infringement and a request for sanction related to copyrights licensed under FRAND (fair, reasonable and nondiscriminatory) terms.  He stated, “By committing to license its patents on FRAND terms, Motorola committed to license the [patent] to anyone willing to pay a FRAND royalty and thus implicitly acknowledged that a royalty is adequate compensation for a license to use that patent.”

In a report by Mueller on Friday, among other verdicts, Apple appealed to Posner’s directive to attack on the firm’s damages expert and the corresponding damages theories, including its claim for a sanction in respect to its patents.

Similarly, Mueller added that Motorola also appealed, among other verdicts, to some parts of Posner’s mandate, in which the judge also lashed out on the firm’s damages expert and the corresponding damages theories.

Aside from this domestic court dispute, the two clashing companies have another pending case filed before the U.S. International Trade Commission and other ongoing litigations in other several countries.

Source: http://socialbarrel.com/apple-motorola-patent-infringement/41132/