Finally some sense prevails in Motorola patent fight, thanks to Posner

So finally some sense has prevailed on the Android- iOS patent fight, thanks to Chicago judge Richard Posner who has dismissed the claims of Apple. He has earlier described the Motorola-versus-Apple lawsuit as “silly” and “ridiculous.”

In his ruling last Friday, Judge Posner dismissed the case citing that neither Apple nor Motorola has compelling proof of damages. The Judge did so with prejudice, preventing both the companies from re-filing claims.

In his verdict he wrote:”It would be ridiculous to dismiss a suit for failure to prove damages and allow the plaintiff to re-file the suit so that he could have a second chance to prove damages. This case is therefore dismissed with prejudice; a separate order to that effect is being entered today.”

FRAND means “fair, reasonable and nondiscriminatory” the term refers to a licensing obligation that is often required by standard-setting organizations for members that participate in the standard-setting process. In this case Motorola has pooled some patents for the FRAND, which have become industry standards now.  

He further added: “To begin with Motorola’s injunctive claim, I don’t see how, given FRAND, I would be justified in enjoining Apple from infringing the ’898 [patent] unless Apple refuses to pay a royalty that meets the FRAND requirement. By committing to license its patents on FRAND terms, Motorola committed to license the ’898 [patent] to anyone willing to pay a FRAND royalty and thus implicitly acknowledged that a royalty is adequate compensation for a license to use that patent. How could it do otherwise? How could it be permitted to enjoin Apple from using an invention that it contends Apple must use if it wants to make a cell phone with UMTS telecommunications capability — without which it would not be a cell phone?”

The judgment is sort of a legal victory for Motorola and Google, but the comments on the FRAND terms may go against Motorola in other cases. 

Earlier in April Motorola won a similar patent battle against Microsoft. In that case Motorola Mobility Holdings Inc. (MMI) won a US International Trade Commission ruling that boosts its chances of blocking imports of Microsoft’s Xbox gaming system from entering the US. In his ruling, ITC Judge David Shaw said that Microsoft was violating four of five Motorola Mobility patents. These findings are subject to review by the six-member commission, which has the power to ban imports that infringe US patents.