Monday was supposed to see the Apple vs. Motorola trial begin, but Judge Richard Posner has decided to tentatively dismiss the case altogether, saying that “neither party can establish a right to relief.” Basically, he’s saying that neither Apple nor Motorola have presented a valid case.
Judge Posner has been cranky about this case from the start, even warning Apple at one point to stop filing so many motions. He says that neither side have been able to prove exactly how much the alleged infringements have cost anyone, and since the whole thing boils down to money, he doesn’t see a reason to block either company from selling products. Sounds to me like he’s saying “you’ll each be better off just getting back to business.”
His dismissal order is temporary, however, giving Posner some time to work up a formal opinion which he will issue next week. In other words, he could still change his mind. Most likely, if this ruling stands, an appeal will be made. But apparently Motorola is feeling confident with this order, making the following statement:
“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.“
I say hallelujah for Judge Posner. It seems like every other day there’s a tech lawsuit of some sort, and honestly it’s getting a little tiresome. Who’s with me?
source: order (PDF)