Apple and Samsung Patent Suit Puts Judge Posner's Worldview on Trial

While technology companies continue to fight over smartphone patents, one judge has fought his way into the ring. He is 73-year-old Richard Posner, among the most potent forces on the federal bench and an outspoken critic of the patent system.

Presiding over a lawsuit between Apple and Google's Motorola Mobility in June, he dropped a bombshell, scrapping the entire case and preventing the companies from refiling their claims. The ruling startled the litigants in the case and fueled a national discussion about whether the patent system is broken. Now, Judge Posner's sharply worded views are getting a fresh test. Judge Lucy H. Koh, who is overseeing Apple's suit against Samsung went the other direction in a recent ruling. She granted Apple a preliminary injunction that stopped U.S. sales of some Samsung products. Her trial will be closely watched to see if Judge Posner's skeptical view of patent suits further takes hold.