Showing posts with label Judge. Show all posts
Showing posts with label Judge. Show all posts

Saturday, June 30, 2012

Judge blocks Apple in Google smartphone war

(Reuters) - A U.S. judge on Friday ruled that Apple Inc cannot pursue an injunction against Google's Motorola Mobility unit, effectively ending a key case for the iPhone maker in the smartphone patent wars.

The ruling came from Judge Richard Posner in Chicago federal court. He dismissed the litigation between Apple and Motorola Mobility with prejudice, meaning it can't be refiled.

The ruling is a blow for Apple, which had hoped a decisive ruling against Motorola would help it gain an upper hand in the smartphone market against Android.

"Apple is complaining that Motorola's phones as a whole ripped off the iPhone as a whole," Posner wrote. "But Motorola's desire to sell products that compete with the iPhone is a separate harm -— and a perfectly legal one -— from any harm caused by patent infringement."

Apple spokeswoman Kristin Huguet declined to comment on the ruling. Motorola Mobility spokeswoman Jennifer Erickson said the company was pleased that Posner dismissed Apple's case.

Both parties have the option to appeal Posner's ruling.

Motorola sued Apple in October 2010, a move that was widely seen as a pre-emptive strike against an imminent Apple lawsuit. Apple filed its own claims against Motorola the same month.

Posner issued a series of pre-trial rulings that eliminated nearly all of Motorola's patent claims against Apple from the prospective trial, while maintaining more of Apple's claims against Motorola. That meant Apple had more to gain in the trial, which had been set to start last week.

However, Posner canceled the trial earlier this month.

Apple had sought an injunction barring the sale of Motorola products using Apple's patented technology. But in Friday's ruling, Posner wrote that neither party is entitled to an injunction.

Since Motorola could design around the minor technological features covered by Apple's patents, an injunction would be an inappropriate windfall for Apple, Posner wrote.

Posner also said that Apple had not clearly demonstrated that Motorola phones caused a loss of consumer goodwill significant enough for an injunction.

"To suggest that it has suffered loss of market share, brand recognition, or customer goodwill as a result of Motorola's alleged infringement of the patent claims still in play in this case is wild conjecture," Posner wrote.

In a bright spot for the iPhone maker, Posner also ruled that Motorola could not seek an injunction based on the one patent in the case that it was still asserting against Apple.

Motorola had pledged to license that patent - which covers an aspect of wireless communication - on fair and reasonable terms to other companies in exchange for having the technology adopted as an industry standard.

"How could it be permitted to enjoin Apple from using an invention that it contends Apple must use if it wants to make a cell phone," Posner wrote.

At a hearing earlier this week, Apple had argued that it would be satisfied with an injunction forcing Motorola to remove Apple's patented features within three months. But Posner found that proposal unworkable, in part because of the hardship in administering such an order.

"Because of the potential costs to Motorola and the federal judiciary I could not responsibly order injunctive relief in favor of Apple," he wrote in his ruling.

The case is Apple Inc. and NeXT Software Inc. V. Motorola Inc. and Motorola Mobility Inc., in the U.S. District Court for the Northern District of Illinois, no. 11-08540.

(Reporting by Dan Levine in Oakland, California and Jessica Dye in New York; Editing by Gary Hill and Jeremy Laurence)


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Monday, June 25, 2012

Judge details reasons for not blocking ABC show

LOS ANGELES (AP) — CBS is unlikely to succeed in its efforts to win copyright infringement claims over rival network ABC's new show "The Glass House," a federal judge said Friday.

U.S. District Judge Gary Feess has refused to block "Glass House," which premiered Monday, and detailed his reasons in a 16-page ruling released Friday.

CBS wants to stop the show from airing, arguing it violates copyrights and trade secrets from its series "Big Brother."

Feess, however, noted the unpredictable nature of reality television and said the genre does not generally include plot or other expressions of ideas that are subject to copyright protection. Ideas alone cannot be protected by copyright, and courts must consider how the ideas are expressed when disputes arise.

Both shows employ dozens of cameras to check in on a houseful of contestants vying for a cash prize, but Feess ruled the shows are likely to play out very differently.

"Until the cameras begin to record, there is no plot, there is no (dialogue), there is no pace or sequence of events, and there are no fixed characters because there is no author," his ruling stated. "There is a setting, which is hardly novel, and some general ideas regarding the structure of the show, but little else."

"'Reality,' it turns out, is hard to copy," Feess wrote.

The ruling is unlikely to end the fight between the two networks. CBS says it will continue to pursue the case and is seeking additional evidence from ABC and "Glass House" producers.

"This is only one preliminary step in a long road; we will now aggressively move two steps forward," CBS wrote in a statement. The network has argued that nearly 30 former "Big Brother" staffers are now working on "Glass House" and some may have violated confidentiality agreements.

Feess agreed with ABC attorneys who argued that many of the filming techniques employed on "Glass House" are not unique to "Big Brother" and are used in other reality shows.

"We're pleased the Court agreed with ABC's arguments that The Glass House is a very different show and people working in the reality television industry should not be prevented from bringing their skills to a new employer," ABC wrote in a statement. "We are thrilled viewers will now get a chance to continue to enjoy and participate in ABC's The Glass House."

The rivalry between the two networks hasn't just been confined to the courtroom or airwaves. CBS on Wednesday issued a tongue-in-cheek news release claiming it's developing a reality series called "Dancing on the Stars" — a jab at ABC's "Dancing With the Stars."

CBS described the mock series — staged in the Hollywood Forever Cemetery — as featuring "moderately famous and sort of well-known people" who will compete by dancing on stars' graves.

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Anthony McCartney can be reached at http://twitter.com/mccartneyAP .


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