If the world could vote on the patent wars, no matter which side you support, we suspect most would vote for them to just go away. Providing, of course, that there was some way to keep companies from slavishly copying each other. But, since we don't get to vote on that particular initiative, the best we can do is follow along at home, and there seems to always be something new to follow.
This past week, Apple got the door slammed on one lawsuit while trying fatten up another one. The pollsters never seem to get these things exactly right, do they?
There was a big trial between Apple and Motorola Mobility that was supposed to get started this past Monday, but FOSS Patents reports that a federal judge in the Western District of Wisconsin has dismissed the entire case with prejudice.
Apple sued Motorola claiming that Google subsidiary was seeking unreasonably high license fees for the use of patents on wireless technology.
Despite initial reluctance to let the court decide the terms of any agreement, last week Motorola flip-flopped and brought a motion asking the court to do just that. This opened the door for Apple to have the court determine a fair license agreement for Apple's use of Motorola patents.
Apple, however, responded to the motion saying they were only interested in allowing the court to do this if the court kept the fees under a certain amount; no more than $1 per phone. Judge Crabb did not appreciate the apparent unwillingness to compromise from Cupertino, and tossed the case.
Maybe should have gone with Door Number Two instead.
Since the case was dismissed with prejudice, the only way Apple can resurrect these claims is through an appeal, but they can not refile this lawsuit in another U.S. district court.
"I think Apple missed an opportunity to make important headway against Motorola Mobility," Florian Mueller of FOSS Patents wrote. He went to describe Judge Crabb as someone who "would have been a great judge to preside over a FRAND rate-setting trial" and a judge that Apple should have "trusted to arrive at a fair decision."
Perhaps Apple will realize that with regards to technology, just as with politics, compromise is key.
Earlier today we learned that Apple is trying to stuff additional Samsung models into the already-won lawsuit against Samsung. Now Apple wants to add the Samsung Galaxy Note 10.1 tablet as well as Android 4.1 "Jelly Bean" itself to its existing lawsuit against the Samsung.
What about the SH-100? Going to include that one?
Both companies continue to layer additional infringement claims onto this lawsuit, with Apple trying to get the most out of the $1 billion ruling in its favor, and Samsung hoping it will just go away. As we pointed out, we won't here the final ruling on this case until 2014, at which point these models will matter even less than they do right now.
I was a guest on Gene Steinberg's show The Tech Night Owl LIVE this week, where we talked candidly about the impending departure of Apple VP Scott Forstall and the latest news about Apple's legal wrangling with Google and other companies. Also, we got into a bit about Windows 8, Windows, and the future of Redmond. The interview is available here as a free download.
Follow this article's author, Adrian Hoppel, on App.net.
jpadhiyar
November 08, 2012 at 10:38am
Is it just me or is the whole thing truly looking like a desperate Apple trying to get its act right in an increasingly competitive world? The whole lawsuit thing is really crazy.
