Earlier today, Judge Posner issued two Orders (here and here), which tentatively dismiss both Apple’s and Motorola’s patent infringement claims. Posner states he will elaborate further on his decision “within a week.”
Apple conceded, based on a Daubert ruling against it, that it could not prove damages for infringement on three key patents. That left three other patents, which lacked “a genuine issue of material fact enabling it to withstand Motorola’s motion for summary judgment.” Judge Posner further concluded that Motorola’s one surviving claim “also fails to create a genuine issue of material fact.” The only remaining claims were for injunctive relieve, which “would impose costs disproportionate to the harm to the patentee and the benefit of the alleged infringement to the alleged infringer and would becontrary to the public interest.” Ultimately, Judge Posner determined that no relief was better than some relief because “[Apple] has failed to prove its damages and injunction cases.”
Hmmm . . . who wants to join me to watch oral arguments before the 7th Circuit Court of Appeals?