Judge cancels Apple and Motorola patent trial

By Reuters

Posted on 8 Jun 2012 at 08:31

A federal judge canceled a scheduled 11 June trial between Apple and Motorola over mobile patents, and expects to dismiss the case because neither can prove damages.

In a "tentative" order, US Circuit Judge Richard Posner said each company's case should be dismissed with prejudice, meaning it cannot be brought up again.

He said neither Apple nor Motorola had enough admissible evidence of damages to withstand dismissal.

Once sales are made, the harm is irreparable

Posner also said to grant injunctions against infringements "would impose costs disproportionate to the harm to the patentee and the benefit of the alleged infringement to the alleged infringer and would be contrary to the public interest."

The judge said he expects to more fully explain his reasoning in a written opinion within one week. Posner normally handles appeals, rather than cases in trial court.

The trial, which would have been before a jury, would have been the first between the companies since Google last month bought Motorola Mobility for $12.5 billion.

"We are pleased by the Illinois trial court's tentative ruling today dismissing Apple's patent claims and look forward to receiving the full decision," Google said in a statement.

Apple declined to comment.

Samsung block

It is one of many lawsuits worldwide pitting Apple against Google, via the manufacturers using its Android operating system.

An Apple lawyer said the firm may seek a legal order to block the launch of Samsung's Galaxy S III smartphone in the US next month.

At a hearing in a San Jose, California federal court, Apple attorney Josh Krevitt said the company could file for a temporary restraining order against Samsung as early as today. "Once sales are made, the harm is irreparable," Krevitt said.

Samsung has already booked over 9 million preorders of the Galaxy S III, which is set to be sold by carriers in the United States on 21 June, Apple said in its court filing.

Samsung attorney William Price also said the technology covered by Apple's patents - such as auto-correcting typed text - are not responsible for sales of Galaxy phones. "There is no advertising or marketing on these features at all" by Apple, Price said.

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