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Apple and Motorola will appeal Judge Posner’s patent dismissal

Apple and Motorola will appeal Judge Posner’s patent dismissal

Apple and Motorola will appeal Judge Posner’s patent dismissal
News from Inquirer:

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 i…………… continues on Inquirer

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Apple, Motorola Appeal Dismissal of Patent Infringement Case
News from PCWorld:

Apple and Motorola Mobility, now a subsidiary of Google, have separately appealed the June decision of a U.S. federal judge to throw out their patent infringement case, according to reports Saturday.

Judge Richard Posner of the U.S. District Court for the Northern District of Illinois dismissed the patent case “with prejudice,” last month, denying requests from both companies for injunctions and ruling that neither party could resubmit the lawsuit.

Apple had filed a suit against Motorola, alleging that devices such as the Droid and associated software infringed on 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 both decided to appeal every single decision that Judge Posner made that wasn’t in their favor,” said legal analyst and consultant Florian Muelle…………… continues on PCWorld

… Read the full article

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