Judge Tosses Apple vs. Motorola Trial

[cdmagurus.com]

U.S. Circuit Judge Richard Posner has tentatively dismissed a trial that was to commence June 11 between Apple and Motorola over smartphone patents. The reasoning behind Posner's tentative decision is that neither Apple nor Motorola had enough evidence to claim damages against the other. Further, Posner worried that granting injunctions against the companies over the alleged infringements "would impose costs disproportionate to the harm to the patentee and the benefit of the alleged infringement to the alleged infringer and would be contrary to the public interest." The trial involved two patent claims made by Apple and one made by Motorola. Each was seeking to block the other from importing devices into the U.S. Judge Posner is going to make a final decision on the dismissal next week. A trial that has been dismissed "with prejudice" cannot be brought before the court again.


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