Tag Archives: dismissal

What 2013 Teaches Employers For 2014 & Beyond

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By Gene Connors and Amanda Haverstick 2013 left employees as the overall victors on the employment law battlefield, by arming them with a host of new statutory rights and options, primarily at the...
    






Judge dismisses Apple lawsuit versus Motorola over standards-based patents

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Judge dismisses Apple lawsuit versus Motorola over standardsbased patents

Apple may have just learned a lesson about all-or-nothing gambles. Judge Crabb has dismissed the company's lawsuit against Motorola over fair royalties for standards-based patents after the firm said it would only accept court-dictated payouts to Motorola of less than $1 per iPhone. To say that Crabb isn't eager to be used as leverage for a discount is an understatement -- she flipped from leaning towards a trial just days earlier to preventing Apple from suing over the same dispute unless it wins an appeal. The decision doesn't represent the first time the Cupertino team has had a lawsuit tossed this year, although it comes as Motorola has faced its own share of legal setbacks; the two parties are still very much in a stalemate. All we know for certain is that any royalty decision will have to come through either a (currently unlikely) settlement or through a separate trial.

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Judge dismisses Apple lawsuit versus Motorola over standards-based patents originally appeared on Engadget on Mon, 05 Nov 2012 15:26:00 EDT. Please see our terms for use of feeds.

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Judge dismisses Apple lawsuit versus Motorola over standards-based patents

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Judge dismisses Apple lawsuit versus Motorola over standardsbased patents

Apple may have just learned a lesson about all-or-nothing gambles. Judge Crabb has dismissed the company's lawsuit against Motorola over fair royalties for standards-based patents after the firm said it would only accept court-dictated payouts to Motorola of less than $1 per iPhone. To say that Crabb isn't eager to be used as leverage for a discount is an understatement -- she flipped from leaning towards a trial just days earlier to preventing Apple from suing over the same dispute unless it wins an appeal. The decision doesn't represent the first time the Cupertino team has had a lawsuit tossed this year, although it comes as Motorola has faced its own share of legal setbacks; the two parties are still very much in a stalemate. All we know for certain is that any royalty decision will have to come through either a (currently unlikely) settlement or through a separate trial.

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Judge dismisses Apple lawsuit versus Motorola over standards-based patents originally appeared on Engadget on Mon, 05 Nov 2012 15:26:00 EDT. Please see our terms for use of feeds.

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Japan court rules Apple did not infringe two Samsung patents

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Japan court rules Apple did not infringe two Samsung patents

In the latest scuffle between Apple and Samsung, a Tokyo court has ruled that the iPhone 4 and 4S do not infringe on two of Sammy's patents. According to The Asahi Shimbun, a decision on September 14th found Apple had not violated a patent related to app downloads, as Samsung's method is different. A dispute regarding flight / airplane mode also went in Cupertino's favor on October 11th, because the technology in question was regarded by the court as incremental. Only one case against Apple remains undecided in Japan -- for a patent on using "homescreen space" -- but, as usual, don't expect that to be the last chapter in the neverending story.

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Japan court rules Apple did not infringe two Samsung patents originally appeared on Engadget on Mon, 22 Oct 2012 07:10:00 EDT. Please see our terms for use of feeds.

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Japan court rules Samsung’s Galaxy phones, tablet do not infringe on an Apple patent

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Samsung may have lost a billion dollar round here in the US, but it appears to have scored a victory in its patent battle against Apple in Japan today. Reuters and Bloomberg report a judge there decided its Galaxy smartphones and tablets did not infringe on an Apple patent. Apple sued Samsung there in September of last year, however the Tokyo District Court has ruled Samsung did not violate a patent that covered syncing music and video data with a PC. According to The Yomiuri Shinbun, presiding judge Tamotsu Shoji dismissed the claim, saying Samsung's implementation of this specific technology was not covered by the scope of Apple's patent and, Bloomberg reports, ordered Apple to pay the costs of the lawsuit. Just as we're seeing in US District Court in California however, one judgement doesn't mean the seemingly never-ending battle is over however because Apple may be able to appeal this decision to a higher court. There are also other cases ongoing, which The Sankei Shimbun reports includes one focusing on the infamous bounce-back patent, so as usual, stay tuned for further updates.

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Japan court rules Samsung's Galaxy phones, tablet do not infringe on an Apple patent originally appeared on Engadget on Fri, 31 Aug 2012 00:48:00 EDT. Please see our terms for use of feeds.

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Judge dismisses Apple vs. Motorola in its entirety, companies unable to prove damages

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Judge dismisses Apple vs. Motorola in its entirety, companies unable to prove damages

After tentatively shutting down (and reviving) Apple and Motorola's legal spat, Judge Richard Posner has put the lid on the case once and for all, dismissing it in its entirety this evening. Neither company was able to satisfy the Judge's call for proof of damages, causing him to dismiss the case and block both firms from refiling claims. "It would be ridiculous to dismiss a suit for failure to prove damages and allow the plaintiff to refile the suit so that he could have a second chance to prove damages." Posner said, "This case is therefore dismissed with prejudice; a separate order to that effect is being entered today." Posner's dismissal with prejudice means that Apple and Motorola's claims cannot be brought before the court again. Guess they'll have to find something else to fight over, eh? Check out the Judge's full opinion after the break.

Continue reading Judge dismisses Apple vs. Motorola in its entirety, companies unable to prove damages

Judge dismisses Apple vs. Motorola in its entirety, companies unable to prove damages originally appeared on Engadget on Fri, 22 Jun 2012 20:58:00 EDT. Please see our terms for use of feeds.

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Judge puts the kibosh on one Apple vs. Motorola patent trial (maybe, tune in next week)

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Judge puts the kibosh on one Apple vs. Motorola patent trial (maybe, tune in next week)

In an (all too rare, if you ask us) occurrence, US Circuit Judge Richard A. Posner has tentatively decided to dismiss an Apple patent infringement case against Motorola. Both sides were seeking damages in the case, and the decision to dismiss it "with prejudice" would mean neither side could refile these claims again. According to his ruling in U.S. District Court, Northern District of Illinois, neither side could credibly establish its damages so he's putting a stop to things before it ever goes in front of a jury. That said, he will issue a more in depth ruling next week and noted that he could still change his mind. For our sanity alone we hope he does not, although it ultimately won't matter much with so many other smartphone patent lawsuits involving these companies filling up dockets in courts around the globe.

Judge puts the kibosh on one Apple vs. Motorola patent trial (maybe, tune in next week) originally appeared on Engadget on Thu, 07 Jun 2012 21:42:00 EDT. Please see our terms for use of feeds.

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