It happens every summer. We get all excited with the hype for an upcoming blockbuster, and it turns out to be a dud. Last week, Judge Posner wearied of the pretrial drama between Apple and Motorola and effectively told everyone that the show is over, now go home.
Meanwhile, fearing delays to their upcoming trial, Apple wouldn't pull the trigger on requesting an injunction against Samsung, so Judge Koh will not stop the Galaxy S III from landing on U.S. store shelves. Yes, it's another gripping week of Law & Apple.
This was the big one we were waiting for, and it looks like we'll have to keep waiting. This case, originally brought by Motorola against Apple in October of 2010 as a preemptive strike, has morphed into something else over the past few years. Judge Posner eliminated most of Motorola's original claims, but upheld Apple's, and so the case was viewed as Apple's to lose.
Last Friday, Judge Posner cancelled the jury trial in this case, stating that neither company would be able to prove any claim to damages.
Apple still hoped for a ruling for an injunction against Motorola products, which would not have required a jury, but Judge Posner quashed that as well, stating that such a ruling would be "contrary to the public interest."
Even though this case appears to be a flop, just like a Michael Bey movie, don't be surprised to see a sequel anyway.
What the heck just happened? AND they're making Transformers 4?! Really, world?
The Chicago Tribue reports that Nick Rodelli, a lawyer and adviser to institutional investors for CFRA Research in Maryland, doesn't think the ruling will stand up on appeal because Posner improperly denied Apple a hearing on its right to an injunction. Florian Mueller of FOSS Patents also believes this is going back to the courtroom, and also states that when you take into account that Google paid $12.5 billion for Motorola's patents to use against Apple, and this case was originally based on those patents, this ruling is in many ways more of a setback for Mountain View than for Cupertino.
Cupertino had a choice: push for a temporary restraining order (TRO) blocking the U.S. launch of Samsung's new Galaxy S III, or keep the huge upcoming trial against Samsung on schedule for July 30. Judge Koh made it clear that the court could not handle both, and gave Apple a deadline of June 8 to decide what they wanted to do.
Apple, clearly unwilling to risk adding more confusion and delay to more important trial, instead filed a proposal with court detailing a joint proposal made with Samsung regarding the launch of the S III. Judge Koh understood that action as a "no TRO", and so the S III will be coming to a store near you very soon.
Here you are, America! It's like an iPhone, only...well, here you are, America!
As much as Apple would have liked to block the S III, Cupertino had more to lose in requesting the TRO than it stood to gain. In a worst case scenario, had Apple requested the TRO, caused a delay to the upcoming trial, and then had the request denied, it would have been a huge win for Samsung on all counts. At this point it seems Apple is content to focus on the bird in hand, follow through with the preliminary injunction request against the Nexus, and prepare for the July 30 trial.
Who knows -- maybe this trial will actually live up the hype, too.
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.
