Apple's biggest trial to date in their ongoing global fight against Android is set to begin next Monday, as Cupertino goes up against Motorola in Chicago. The past few days have been crazy-busy for the judge in this case, as he does what can to keep the two companies fighting a clean fight. Let's catch up on the last minute rulings.
FOSS Patents reports that Judge Posner is getting things ready for the next Monday's summer blockbuster trial between Apple and Motorola by tossing out claims and laying down some last minute rules. On Tuesday of this week, Judge Posner denied 11 summary judgement motions, and that was after he stripped one of Motorola's only two patents left in the case, leaving the recently-acquired-by-Google company only one patent to assert in the trial.
Few rulings carry the fun, however, of a judge, who happens to be the most-cited U.S. legal scholar of the 20th century, telling Apple that this trial better not be a popularity contest.
"More broadly, I forbid Apple to insinuate to the jury that this case is a popularity contest," Judge Posner ruled on Monday. "Jurors should be predisposed to render a verdict for Apple if they like Apple products or the Apple company or admire Steve Jobs, or if they dislike Motorola or Google."
Got it.
It seems likely that a significant part of Apple's legal strategy in this case centered on having the jury consider if they liked Apple products and Steve Jobs better than they liked Motorola and Google. Motorola filed a motion to warn the court of this strategy, and Judge Posner felt the need to make sure Cupertino understood that kind of courtroom drama would not be permitted. Interestingly enough, he also applied the ruling to Motorola, but let's be honest: if the trial became a popularity contest, it could only tip the scales in one direction. We don't recall seeing Google or Motorola memorabilla selling for millions of dollsars like Apple stuff does. As Florian Mueller of FOSS Patents put it, "In the near term, it would be hard for anyone to win a trial against Apple on that basis."
This trial, scheduled to begin on Monday, is really like no courtroom adventure we've seen yet involving Apple. Google has notified the courts that Motorola is now a wholly-owned subsidiary, and that officially pits the two companies at the heart of all of these global lawsuits on either side of the ring. This has always been about Apple vs. Google, and this trial will be as close as we've gotten (so far) to the two companies squaring off against each other. Get your popcorn ready!
Adrian writes the weekly Law & Apple column and the occasional feature story for MacLife.com. Follow him on Twitter, or subscribe to him on Facebook.
