Judge calls time on Apple-Motorola patent case

 

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By Reuters

Posted on 25 Jun 2012 at 09:13

A US judge has ruled that Apple cannot pursue an injunction against Google's Motorola Mobility unit, effectively ending a key case for the iPhone maker in the smartphone patent wars.

The ruling came from Judge Richard Posner, who dismissed the litigation between Apple and Motorola Mobility with prejudice, meaning it can't be refiled.

The news is a blow for Apple, which had hoped a decisive ruling against Motorola would help it gain an upper hand in the smartphone market against Android.

"Apple is complaining that Motorola's phones as a whole ripped off the iPhone as a whole," Posner wrote. "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."

To suggest that it has suffered loss of market share, brand recognition, or customer goodwill as a result of Motorola's alleged infringement of the patent claims still in play in this case is wild conjecture

Apple spokeswoman Kristin Huguet declined to comment on the ruling. Motorola Mobility spokeswoman Jennifer Erickson said the company was pleased that Posner dismissed Apple's case. Both parties have the option to appeal Posner's ruling.

Since Motorola could design around the minor technological features covered by Apple's patents, an injunction would be an inappropriate windfall for Apple, Posner wrote.

Posner also said that Apple had not clearly demonstrated that Motorola phones caused a loss of consumer goodwill significant enough for an injunction.

"To suggest that it has suffered loss of market share, brand recognition, or customer goodwill as a result of Motorola's alleged infringement of the patent claims still in play in this case is wild conjecture," Posner wrote.

Posner also ruled that Motorola could not seek an injunction based on the one patent in the case that it was still asserting against Apple.