Judge decries 'frivolous' Apple filings in Motorola lawsuit

updated 05:00 pm EDT, Tue May 1, 2012

 

Apple threatened with sanctions for future abuses


Judge Richard Posner, of the US District Court in the Northern District of Illinois, has asked Apple to stop submitting "frivolous filings" in a patent fight with Motorola. "I've had my fill of frivolous filings by Apple," an order by the judge reads. The trigger for the reprimand was an Apple motion to block Motorola from deposing a particular expert. While the expert's identity is still under seal, Posner complained that one half of the motion was "frivolous," and a second "untimely."

"The next such motion, and I shall forbid [Apple] to file any motions without first moving for leave to file," the order states. Apple is believed to have angered Posner by earlier using an expert's wife's health to block a deposition, but then making a second attempt just three days later without mentioning medical issues.

Posner has been strict with Apple in the past. In February the judge asked that Apple "winnow" the number of patents it was contesting; both Apple and Motorola dropped some claims. In April he quashed a motion to reconsider a ruling in one Motorola patent case, saying that Apple's motion was based on "flagrant misreadings." March, though, saw Posner uphold some Apple patent claims, giving the company a longer-term edge.


By Electronista Staff

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Previous Comments

  1. DaJoNel

    Fresh-Faced Recruit

    Joined: Aug 2010

    0

    Posner

    If you can't take the heat, get out of the courtroom. Apple isn't here to play.


  1. Bobfozz

    Fresh-Faced Recruit

    Joined: Jul 2008

    +3

    Frivolity... should have some legal definitions be

    so is Moto, Same-sung, HTC, and others.
    Apple is dead serious over the compounded ripping off of its products/designs/style. These dumb-jerk judges don't see it that way because Apple is loaded... so are the defendants who made money from stealing from Apple.


  1. bonaccij

    Fresh-Faced Recruit

    Joined: Jun 2003

    +11

    Strictly speaking

    This judge should be relieved of duty because he has, now, impeded the further discovery of any of Apple's motions. I'm not quite sure that is moral - let alone legal. How can you tell someone "I'm tired of hearing your complaints!"? That is what the court system is there for.


  1. Jubeikiwagami

    Fresh-Faced Recruit

    Joined: Dec 2011

    +2

    This is how Apple loses

    From clueless judges who are clueless about tech industry.


  1. Bobfozz

    Fresh-Faced Recruit

    Joined: Jul 2008

    +8

    I Don't think Posner has been...

    shown to be clueless about technology... I think he is impatient in a system where "patience" seems to drag on forever. Who would want to rule that Android is a LOSER and they can't sell Android related stuff anymore--the cat is OUT of the bag. Should have never been IN the bag... This is when idiocy rises when the JUDGES are afraid so they are as guilty of the derailment process as the ones involved IN it!


  1. garmonbosia

    Fresh-Faced Recruit

    Joined: Aug 2002

    +3

    I think you're right Bobfozz

    I don't get too worked up about the give and take in the pre-lims of these types of trials. It usually has little or no bearing on the eventual outcome of the trial. Judges get pissy just like everyone else. I think the law is clearly on Apple's side on this and I'm willing to let Posner blow off a little steam as long as he follows the law in the end.


  1. davester

    Fresh-Faced Recruit

    Joined: Jul 2001

    +3

    lamer lawyers

    The lawyer hasn't the right to comment on what is or isn't deemed as "frivolous". If you're a company that has spent much time and money on perfecting a technology, you have every right to defend it, even if it's costing you to defend it, because you know it's the right thing to do. Why should the judge care anyway, he still goes home to his 7-figure domicile.


  1. testudo

    Forum Regular

    Joined: Aug 2001

    0

    you people are laughable

    Since it is apple filing the motions, the judge must be in the wrong. I'm sure if he jumped all over Motorola, you'd be mocking the Motorola lawyers for trying to waste time and cheering the judge for trying to keep the process moving.

    These are lawyers. Doesn't matter who they work for: Apple, Motorola, MS, Samsung, etc. They all do the same thing, trying to block the other side from doing stuff while trying to get access to stuff the other side doesn't want you to do.

    And you all know nothing of what is going on in the courtroom. How do you know the claims weren't frivolous? Oh, right, it's Apple, so they must be important to the case!


  1. testudo

    Forum Regular

    Joined: Aug 2001

    0

    Re: Frivolity...

    Apple is dead serious over the compounded ripping off of its products/designs/style.

    Um, most people suing others are dead serious. Especially in multi-million dollar cases.

    These dumb-jerk judges don't see it that way because Apple is loaded...

    God, you are an idiot aren't you. So you're claiming the judge is biased against Apple because Apple has money? Seriously? Why? Oh, because he made a ruling against apple. Well, then it must be true. I'm sure the rulings he gave in favor of apple were all done to just fool people into thinking that he wasn't secretly anti-apple.

    so are the defendants who made money from stealing from Apple.

    Assuming they stole from Apple. Apparently you've already made up your mind, so why you even follow the case I don't know. Guilty as charged! String 'em up!


  1. testudo

    Forum Regular

    Joined: Aug 2001

    0

    Re: This is how Apple loses

    From clueless judges who are clueless about tech industry.

    Um, they haven't even started the trial. So there's nothing going on now except legal wranglings. So how is any of this affected by his being 'clueless' about the tech industry?


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