Judge Dismisses Apple v. Motorola Case with Prejudice

[cdmagurus.com]

U.S. District Court Judge Richard Posner has dismissed in its entirety Apple's patent-based lawsuit against Motorola and Motorola's countersuit. Posner had tentatively dismissed the case last week, only to allow both parties to make one final plea this week. Posner determined that neither company can prove damages, negating the need for a federal trial. "Both parties have deep pockets," said Posner in his decision. "And neither has acknowledged that damages for the infringement of its patents could not be estimated with tolerable certainty." Both companies sought injunctions barring the other from importing certain smartphones into the country. By dismissing the case with prejudice, neither Apple nor Motorola can resuscitate the patent claims in new litigation. In a statement issued to media, Motorola said, "We are pleased that Judge Posner formally dismissed the case against Motorola Mobility. Apple's litigation campaign began with their attempt to assert 15 patents against us. As it relates to Apple's violation of our patents, we will continue our efforts to defend our own innovation." Apple has yet to comment on Posner's dismissal of the lawsuit.


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