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Judge Posner To Apple & Motorola: Go Home

timothy posted about 2 years ago | from the ferris-bueller-with-a-robe dept.

The Courts 63

reebmmm writes "Seventh Circuit Court of Appeals Judge Richard Posner, voluntarily sitting as a district court judge, in the patent infringement dispute between Apple and Motorola has, tentatively, dismissed the case on the eve of trial. In this hilariously short order, Judge Posner states, 'I have tentatively decided that the case should be dismissed with prejudice because neither party can establish a right to relief.' Because it is 'with prejudice' the parties cannot refile their case. The parties are likely to appeal the order (when it's finalized)."

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63 comments

Red Slashdot Header (5, Funny)

hi-endian (2589843) | about 2 years ago | (#40263963)

Never seen it before. I guess this case is important! lol

You shouldn't.. (1)

Anonymous Coward | about 2 years ago | (#40264047)

You shouldn't. That means you're seeing it before it has gone live. Which is generally a plum that only subscribers enjoy.

Re:You shouldn't.. (2)

Gr8Apes (679165) | about 2 years ago | (#40264279)

Actually, non-subscribers can see a story about a minute before it goes live - they can't post, but they can read it. I've seen it multiple times.

Re:You shouldn't.. (0)

Anonymous Coward | about 2 years ago | (#40264477)

I always thought stories with zero posts appear red. And yeah, I have seen it many times too.

Re:You shouldn't.. (1)

Hatta (162192) | about 2 years ago | (#40264569)

That shows the quality of coding that goes into /..

Re:You shouldn't.. (1)

d4fseeker (1896770) | about 2 years ago | (#40264849)

My buest guess is that Slashdot, being a large site, has several geographically distributed caching servers (which are btw running Varnish)
It takes some time to populate and propagate the content to all proxies. Add possible time desynchronization and there comes your too-early/too-late.

We are talking tech news, not some high-precision announcement so the amount of cpu-power, engineering and system maintenance required to reduce the delay to e.g. a few seconds is simply unacceptable

Re:You shouldn't.. (1)

NoobixCube (1133473) | about 2 years ago | (#40265637)

I think, also, those with very high Karma can sometimes get a story early for free. I've posted on red-header stories, before, and I'm not a subscriber.

Re:Red Slashdot Header (-1)

Anonymous Coward | about 2 years ago | (#40265813)

Well, it's greatly important to /. readers who, by and large, would like to piggyback off the hardworking, creative types in the world rather than forging their own path.

Huh (4, Funny)

Anonymous Coward | about 2 years ago | (#40264041)

Sounds like ol'timey judgin'.

Y'all idjits go home now, and stop actin' like children in my here courtroom.

Re:Huh (2)

mcneely.mike (927221) | about 2 years ago | (#40264451)

Are you talkin' to the two yutes?

Re:Huh (0)

Anonymous Coward | about 2 years ago | (#40265435)

Mr. Gambini, what is a yute?

Re:Huh (0)

Anonymous Coward | about 2 years ago | (#40272537)

Mr. Gambini, what is a yute?

It's how mass media spells 'negro' when they don't want to mention the race of flash mobs.

Re:Huh (4, Informative)

grcumb (781340) | about 2 years ago | (#40267741)

Sounds like ol'timey judgin'.

Y'all idjits go home now, and stop actin' like children in my here courtroom.

I don't necessarily like every one of Judge Posner's decisions or opinions, but he is a remarkably erudite man. He writes opinion pieces fairly regularly, and they're generally informed and well-reasoned. Just Google his name for samples.

hallelujah (5, Insightful)

bmacs27 (1314285) | about 2 years ago | (#40264049)

There is still common sense in the universe.

Re:hallelujah (1)

luther349 (645380) | about 2 years ago | (#40264745)

hell yea. i hope there appeal gets denied as well. and they better count there blessings and just go home if it did go to trial he would have just tossed both there patents and tossed the case anyways.

Re:hallelujah (0)

Anonymous Coward | about 2 years ago | (#40264825)

Did you deliberately try to misuse the word "there" (hint: try "their") as many times as you could in one sentence, or are you just an idiot?

Re:hallelujah (0)

Anonymous Coward | about 2 years ago | (#40264901)

Punctuation, capitalization and grammar are your friends.

Common sense (5, Insightful)

hhawk (26580) | about 2 years ago | (#40264087)

This seems like common sense and the first good news in a while about our seemingly broken patent system.

It seems to me that if it can be done on a computer any computer, than it's not automatically "novel" if you can do it on a slightly different type of computer (desktop, laptop, mobile device, in car navigation system, etc.) Stop "pretending" to invent something new for Mobile devices when the same technology already exists for desktops, Etc.

Re:Common sense (2, Insightful)

SQLGuru (980662) | about 2 years ago | (#40264217)

Exactly. Software patents based on platform are stupid. The logic didn't change.....just the libraries called (and sometimes, not even those -- Windows Phone uses many of the same .Net calls as regular Windows).

Re:Common sense (4, Informative)

DragonWriter (970822) | about 2 years ago | (#40264395)

This seems like common sense and the first good news in a while about our seemingly broken patent system.

It seems to me that if it can be done on a computer any computer, than it's not automatically "novel" if you can do it on a slightly different type of computer

The (tentative) ruling has nothing to do with definitions of patentable subject matter, novelty for patent purposes, or validity of the patents for any other reason; it is all about the inability of either side to demonstrate damages tied to the alleged violation of the presumed-valid patents, and the lack of any basis for any relief aside from an award of damages. From the ruling:

"Apple concedes that [...] it cannot prove damages for the alleged infringement of the '002 and '949 patents. [...] I tentatively conclude that its admissible evidence of damages with respect to [its claims for infringement of the '263 and '647 patents] does not [...] withstand Motorola's motion for summary judgement. I likewise conclude that the admissible evidence of damages with respect to the alleged infringement of Motorola's '898 patent also fails to create a genuine issue of material fact. That leaves only the parties' claims to injunctive relief. [...] I cannot find a basis for an award of injunctive relief."

Re:Common sense (2)

AmberBlackCat (829689) | about 2 years ago | (#40268175)

Wouldn't it be nice if the music and movie industries had to prove they lost money because your ip address was on a bittorrent server?

Re:Common sense (2)

luther349 (645380) | about 2 years ago | (#40264775)

the entire patent war is bs on mostly bs patents. look when Microsoft tried to sue b$n and they called there bluff and the patents got to the public how much of a joke they where. so much so they dropped it and just bought a bunch of shares with barns so they didn't get there asses kicked in court.

When they appeal his order ... (1)

Anonymous Coward | about 2 years ago | (#40264183)

... Judge Posner should run back over to his appeals court and tell them to go home again. :P

Re:When they appeal his order ... (0)

Anonymous Coward | about 2 years ago | (#40264241)

Too bad, he is not allowed to.

Re:When they appeal his order ... (0)

Anonymous Coward | about 2 years ago | (#40264373)

He can, they're just not under any obligation to do as he commands.

Love Posner (5, Interesting)

brunes69 (86786) | about 2 years ago | (#40264275)

Posner is my new favorite judge. He also supports legalization of marijuana and LSD.

Read the ruling, it is only 1.5 pages, it is worth it :)

Personal connection, apropos of nothing (5, Interesting)

PopeRatzo (965947) | about 2 years ago | (#40264393)

22 years ago last December, Judge Posner presided over my marriage.

I knew him a little bit and my wife and I got our marriage license. Posner was walking across Dearborn toward the Daley Center and I introduced him to my bride. We told him we were leaving on a honeymoon the next morning and he invited us to his chambers, which were in the Chancery section of the Circuit Court at the time, if I remember correctly and he performed the ceremony with a law clerk as witness.

We later had a more ceremonial ceremony.

Posner is a pretty good egg. The fact that he was an appointee of Ronald Reagan shows just how far our political frame has come from those days. Not one of the last two Republican presidents would have touched nominating Posner because the Republicans in congress would have shit themselves, not to mention the current Republican (free) base.

Re:Personal connection, apropos of nothing (-1)

Anonymous Coward | about 2 years ago | (#40264867)

That was a nice story until you just HAD to bring in your stupid partisan political remarks. But hey, it got you a cheap +5 because all the other /tards are just as knee-jerk moronic as you are.

Re:Personal connection, apropos of nothing (4, Insightful)

Anonymous Coward | about 2 years ago | (#40265051)

He was making a conclusion based on facts. It's like when someone says Goldwater would now be considered far too left to ever have a chance at the Republican nomination (especially given that back in '96, Goldwater said he and Bob Dole were now the liberal wing of the Republican party). It's partisan in that it's about a particular party, but that doesn't make it wrong or distasteful unless of course you're in blind allegiance to that party -- and even then, you could instead be proud that your party has changed as much as it has.

So a wedding judge story is basing thing on facts? (0)

Anonymous Coward | about 2 years ago | (#40265291)

Wow!! Your IQ must be really high ... compared to a 1/3 full glass of water.

The story started with some facts about his wedding ..... and turned into nothing more than political b!tch!ng.

Re:So a wedding judge story is basing thing on fac (1, Flamebait)

Frosty Piss (770223) | about 2 years ago | (#40265349)

Good grief, I didn't realize Tea Baggers came to Slashdot...

Re:So a wedding judge story is basing thing on fac (0)

Anonymous Coward | about 2 years ago | (#40265929)

To be fair, that AC may just be a kid in elementary school. How many people teen-aged or older would make that "1/3 full glass of water" insult without a hint of irony?

Re:So a wedding judge story is basing thing on fac (3, Funny)

ZorinLynx (31751) | about 2 years ago | (#40265367)

In this corner, we have... ANONYMOUS COWARD!!!

And his opponent, in the other core, ANONYMOUS COWARD!!!

This is the fight of the century, gentlemen... *DINGDING!* Here we go!

Re:So a wedding judge story is basing thing on fac (1)

PopeRatzo (965947) | about 2 years ago | (#40267221)

Wow!! Your IQ must be really high ... compared to a 1/3 full glass of water.

You're the dummy. You are, you are.

Everybody knows it's a 2/3 empty glass of water.

Re:Personal connection, apropos of nothing (-1)

Anonymous Coward | about 2 years ago | (#40266151)

Why is this lie being moderated up? Yeah, and Learned Hand offered to marry my wife and I 60 years ago when I saw him walking out of a strip joint.

Re:Personal connection, apropos of nothing (0)

Anonymous Coward | about 2 years ago | (#40268757)

Why is this lie being moderated up?

Because slashdot is lousy with Jewish commies.

Re:Personal connection, apropos of nothing (0)

SuperKendall (25149) | about 2 years ago | (#40266371)

The Republicans are headed right back there, herded by the Tea Party.

But the Republicans were never so far away from that standard as you think, you've just bought into the propaganda.

Posner == Poser (0)

Anonymous Coward | about 2 years ago | (#40264541)

"I may change my mind."
Dismissing a case with prejudice... oh, but he might change his mind. Ridiculous.

Re:Posner == Poser (3, Informative)

Fjandr (66656) | about 2 years ago | (#40265909)

He did no such thing. He issued a tentative ruling as a heads' up courtesy to the litigants. This will allow one, the other, or both one mad dash, last-ditch effort to get their shit together if they actually have any shit to get together before they get kicked up to the next level.

Re:Posner == Poser (1)

Anonymous Coward | about 2 years ago | (#40266089)

Judge Posner is in every casebook that every 1L will read in every law school in the country. Perhaps if you read the case you would understand what he is saying.

Dear Apple and Samsung (0)

Anonymous Coward | about 2 years ago | (#40264737)

Dear Apple,
Stop patenting trivial shit. If you exclude the Apple acolytes, everyone is pissed off at your pathetic nitpicking law suits for bleedingly obvious "inventions". You are really working hard at becoming the new Microsoft.

Dear Samsung,
Stop copying Apple ... and that includes their pathetic lawsuits. Do you want to be labelled the new Microsoft? Don't use Apple as a role model, use Google - think about the community.

WWOT fp (-1)

Anonymous Coward | about 2 years ago | (#40264959)

say I'm pack1ng BE NIGGER! BE GAY!

A short order (3, Insightful)

PPH (736903) | about 2 years ago | (#40265197)

And yet, we get a link to scribd.com. Why? Did someone think we'd miss all the overhead of oddball formatting, disks spinning, Facebook popups and network LEDs flashing?

Re:A short order (0)

Anonymous Coward | about 2 years ago | (#40266237)

And yet, we get a link to scribd.com. Why?

Hey you do want to have slashdot go bankrupt?... klicks=$ and after all this is a story where huge numbers will actually rtfa! Notice how lately the /. effect is less of problem for the link sites that Timothy chooses to let in?

So many commas, in the summary, that (0)

Anonymous Coward | about 2 years ago | (#40266207)

Reading it, tentatively, sound like, panting.

Great moments in south park and star wars history. (1)

Anonymous Coward | about 2 years ago | (#40266265)

Wow, Both parties got got the judicial version of Screw you guys I am going home. Why should the court waste its time when you will apeal it later.
Trully a great moment for the US Judicial System.

Almost as good as when the Death Star (AT&T) was destroyed by Judge Greene in 1981.

Judge Posner is an interesting guy (5, Interesting)

WOOFYGOOFY (1334993) | about 2 years ago | (#40267855)

This guy is the most accomplished, most intelligent judge who will never ever be considered by anyone for an appointment to SCOTUS. He's way too frank, way too likely to follow his own excellent interpretation of the pro-social intentions behind laws and is routinely completely inappropriate, at least as adjudicated by either and both sides of the current US political bifurcation.

Although some observers count him as a conservative, ( I guess because he's not expressly liberal?) the kind of independence, fearlessness and good common sense he delivers on a regular basis, often in pithy, high IQ, quotable-quote form, makes him ineligible to be considered one of the current crop of psycho, Ayn Rand worshiping, anti-science anti-evolution religious zealots that is the means test for "conservatives" these days.

If we could populate our court system with judges like this guy (Republicans would filibuster) , our nation's judiciary would work more like it's supposed to and less like a force multiplier for corporations and special interests.

If you're into the law either where it intersects with tech or broader society, this is a guy's name is worthy of a weekly Google alert.

Some very Posnerian Posner quotes:

âoeModern judicial opinions tend to be too long, and we shall try to be brief. We shall even forgo the usual prefatory statement of facts, which would disclose an utterly routine, though very large, illegal drug operation.â

U.S. v. Herrera-Medina (1988).

âoeThe filing of an appeal should never be a conditioned reflex. About half the practice of a decent lawyer consists in telling would-be clients that they are damned fools and should stop.â Hill v. Norfolk & Western Railway Co. (1987)

And here's one that's sure to raise his esteem around these parts: .

âoeGilding the lily, the officer testified that he was additionally suspicious because when he drove by [the suspect] in his squad car before turning around and getting out and accosting him he noticed that [the suspect] was âstar[ing] straight ahead.â(TM) Had [the suspect] instead glanced around him, the officer would doubtless have testified that [he] seemed nervous or, the preferred term because of the vagueness, âfurtive.â(TM) Whether you stand still or move, drive above, below or at the speed limit, you will be described by the police as acting suspiciously should they wish to stop or arrest you. Such subjective, promiscuous appeals to an ineffable intuition should not be credited.â U.S. v. Broomfield (2005)

And finally:

âoeOnce a case gets to the jury, all bets are off.â Speakers of Sport Inc. v. ProServ Inc. (1999)

Re:Judge Posner is an interesting guy (0)

Anonymous Coward | about 2 years ago | (#40269375)

A modern day Learned Hand.

We Lose? (0)

Anonymous Coward | about 2 years ago | (#40284323)

So, if one of them won, we lose, if the other won, we lose . . . this seems like we REALLY lose with option C.

Honestly, this whole thing coming to a head in the US and the courts 'settling' it had the potential to start reform. It probably wouldn't have done that, but it had potential. Waiting for the last minute and cancelling was childish and to make a point, but the point wasn't "I love you both equally" --- as he's treating them as squabbling kids . . .

To me, this whole thing says nothing more than his opinion is the system is fine, not broken, and we should still go about things for the next ten years just as we have in the past.

To me, we lose.

smackdown (0)

Anonymous Coward | about 2 years ago | (#40287101)

Will Posner singlehandedly force an end to the endlessly-escalating mobile patent [aminn.org] wars? Let's hope so. At the very least, his opinion seems to indicate that he realizes the ridiculous (and, often, baseless) nature of all of this never-ending patent litigation.

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