In his decision, the judge repeatedly criticizes Apple for using the legal process as a way of attempting "significant harassment of its bitter rival," rather than seeking any financial damages for alleged patent infringements.
The 20-month-old legal fight between Apple and
Motorola over alleged patent-infringement claims is now over after the trial
judge dismissed the case after lashing some of Apple's key legal arguments in
his 38-page court decision.
In his written opinion in the
case, which was released June 23, U.S. District Court Judge Richard Posner
criticized the approach that Apple took in bringing the matter to court. The
two companies have been fighting in court over the design of their competing
Instead of seeking damages for the alleged
infringements, Apple sought an injunction to protect it in the future from what
the company claimed was irreparable damage from continued infringements of its
patents by Motorola, the judge wrote.
"By failing to present a minimally adequate
damages case, Apple has disabled itself from arguing that damages would not
provide a complete remedy ¦ [Apple] harps on the loss of consumer goodwill and
market share, as a ground for an injunction, but not only has no real evidence
of such a loss, but given the nature of the patent claims, it is not a loss
that an injunction would avert, Posner wrote.
Posner added that "Apple's case for injunctive
relief flunks the irreparable injury, balance of hardships, and public interest
standards" that were set in the 2006 eBay vs. MercExchange case, which was
heard by the U.S. Supreme Court.
"Apple is complaining that Motorola's
phones as a whole ripped off the iPhone as a whole," the judge wrote in
his decision. "But Motorola's desire to sell products that compete with
the iPhone is a separate harmand a perfectly legal onefrom any harm caused by
The main problem with Apple's
arguments, the judge wrote, is that the company couldn't provide any reasonable
damage figure for the alleged infringements.
One alleged infringement noted in Apple's lawsuit,
the judge explained, is that customers who use a Motorola smartphone with a
Kindle app preinstalled "turn pages by tapping on the screen rather than
by swiping a finger across it." Apple alleged that this infringed on its
But that, Posner wrote, is not significant enough to
warrant any court action. "The notion that these minor-seeming
infringements have cost Apple market share and consumer goodwill is
implausible, has virtually no support in the record, and so fails to indicate
that the benefits to Apple would exceed the costs to Motorola."
Instead, Posner called Apple's requested injunction
an attempt to cause "significant harassment of its bitter rival ¦ [which]
¦ would in principle render no benefit to Apple besides harming its competitor
by forcing it to waste time and money finding a new way of performing the
functions now performed in an allegedly infringing manner. ¦"
The judge dismissed the lawsuit "with prejudice,"
which means it cannot be refiled, according to the decision. The parties can
appeal his decision, but can't file a new case with the same allegations.
statement, a Motorola spokesman said the company is "pleased that Judge Posner
formally dismissed the case against Motorola Mobility. Apples litigation
campaign began with their attempt to assert 15 patents against us. As it
relates to Apples violation of our patents, we will continue our efforts to
defend our own innovation."
not replied to a request for comment on the decision.
Posner previously had ordered
a new hearing on the case after he tentatively dismissed the ongoing
patent-infringement case early in June.
The case began in November 2010 when Motorola
sued Apple, alleging that Apple had infringed on 18 patents for technology
related to Motorola technology for early-state innovations, which Apple uses
in several of its products and services, such as MobileMe and the App Store.
Those patents additionally relate wireless
communication technologies, such as for WiFi and 3G connectivity, antenna
design and smartphone technologies for wireless email, proximity sensing,
software application management, location-based services and multidevice
synchronization, according to the lawsuit.
sued Motorola one week later, alleging infringements on patents for
multitouch and other touch-screen-related technologies the rival phone maker
employs in its popular Android smartphone lineup.
Interestingly, the decision comes only a
month after Apple arch-rival Google
acquired Motorola Mobility in a $12.5 billion deal in May. Emotions have
been running high between the two companies recently on several fronts.
Last month, Apple announced that it will drop
the highly popular Google Maps app from its iPhones and iOS operating
system and replace it with Apple's own mapping services.
The Apple-Google battles follow Google's development
and the widespread popularity of its Android mobile phone operating system,
which is in direct competition with Apple's iOS and products.
Earlier this year, Motorola celebrated an
initial triumph over Apple, after a U.S. International Trade Commission
administrative law judge issued an initial determination finding that Motorola
Mobility has not violated any of the three patents listed in an October
2010 lawsuit Apple filed against the Droid maker.
Motorola had also filed a second complaint
against Apple with the ITC, accusing Apple of infringing on Motorola patents in
technology used in the Apple iPhone, iPad, iTouch and certain Mac computers.