Judge: “I’ve Had My Fill of Frivolous Filings by Apple”

Richard Posner, the judge presiding over Apple and Motorola’s IP battle in the United States, runs a staid courtroom and has little patience for legal high jinks between the parties.

Earlier this year, Judge Posner upbraided Motorola for what he described as the company’s “ridiculous” approach to claim construction. Now Apple’s become the focus of his ire. Responding to a motion Apple filed to block Motorola’s deposition of one of its expert witnesses, the second such motion the company had filed in a matter of days, Judge Posner verbally spanked the company’s legal team. “I deny the second half of Apple’s motion (seeking prohibition of the deposition) as frivolous and the first half (seeking substitution) as untimely,” Judge Posner wrote in an April 26 order. “I’ve had my fill of frivolous filings by Apple. The next such motion, and I shall forbid it to file any motions without first moving for leave to file.”