Saturday, June 23, 2012

Apple vs Motorola: no damages, no right to exclude.

June 22, 2012. CNet:

A U.S. judge has tossed out the Apple v. Motorola patent case for good, according to reports.

Judge Richard Posner of the U.S. District of Northern Illinois said that neither Apple nor Motorola has been able to prove damages and that neither company would be permitted to refile a claim.

Posner strongly questioned Apple's bid for an injunction against Motorola smartphones, saying, according to Reuters, that a ban on sales could have "catastrophic effects" and would be "contrary to the public interest."

the judge also pointed to serious problems with the U.S. patent system and questioned the worth of many software patents, saying, Reuters reported, "You can't just assume that because someone has a patent, he has some deep moral right to exclude everyone else."

In the judge's mind considerations of public interest seem to be prevailing over the patentee's right to exclude others from using the technology.

tags: patent, apple, google, portfolio

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