Apple vs. Motorola Dismissed With Prejudice

Richard Posner, the outspoken Chicago judge who has at times described the Apple-versus-Motorola lawsuit over which he presides as “silly” and “ridiculous,” had the final word on the case: Dismissed.

In a ruling issued late June 22, Posner dismissed the case, saying neither Apple nor Motorola was able to present compelling proof of damages. And he did so with prejudice, preventing both companies from refiling claims. “It would be ridiculous to dismiss a suit for failure to prove damages and allow the plaintiff to refile the suit so that he could have a second chance to prove damages,” Posner wrote in his ruling. “This case is therefore dismissed with prejudice; a separate order to that effect is being entered today.” The ruling is a clear victory for Motorola and its new owner Google, but it’s also a blow to all companies involved. Throughout his order Posner repeatedly skewers Apple and Motorola and their legal teams for the weakness of their arguments, mistakes in trial preparation, flights of “wild conjecture,” and their utter failure to present enough evidence to create a triable issue. He also takes a well-aimed shot at Motorola for seeking an injunction against Apple using standards-essential patents that are supposed to be licenses on FRAND (fair, reasonable and nondiscriminatory) terms.