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First, thank you Chris. Your last post gave me the perfect start to the day. I’ve been keeping an eye on the news regarding this Apple – Motorola lawsuit for the past couple of weeks ever since I first heard the Judge Posner was looking to throw out the case until either side could prove monetary loss. After years of shambles, we had finally heard some sense coming out of the software patent side of things.
Reading up a bit more about the verdict, it was heartening to see Judge Posner echoing the countless comments we’ve made for so long: that companies are using courts as a strategy to boost their marketshare, and that software patents hold much less value than the claimants would have us believe. This particular statement, that I came across on Android Police, stood out for me:
And while the patents themselves (or some of them at least) may well have considerable value, after the claims constructions by Judge Crabb and myself and after my grants of partial summary judgment only a handful of the original patent claims remain in the case; infringement of that handful may not be a source of significant injury past, present, or future. For a variety of reasons patents in the field of information technology often have little if any value except defensively. See Alan Devlin, “Systemic Bias in Patent Law,” 61 De-Paul L. Rev. 57, 77–80 (2011), and references cited there.
Make no mistake: while this is a win for Android itself, but more importantly the entire software community at large as long as it sets a precedent for similar cases in the future. If other judges follow the lead, instances of patent trolls going after indie developers might become a thing of the past. Cases such as Yahoo vs Facebook might become a thing of the past. Cases such as this which makes me despise humanity might become a thing of the past.
(If you’ve got the time, please read the link I’ve shared in the last sentence).
Very well stated. I agree that this outcome has finally given me glimmer of hope in this whole patent war debacle. I hope this moves us into a new era of innovation, competition, and growth.
Apple’s IP needs to protected!
All IP needs to be protected, but only proportionate to its actual value. Apple couldn’t come up with a figure saying how much Moto’s infringement cost them. If they themselves can’t put a value to their patents, then clearly the patent itself holds no value.
Well said, even though our resident troll is clueless about IP and won’t comprehend any of it. He makes that remark even when he’s trolling over things Apple never invented.
But I still think that your reply was spot on for anyone following the issue seriously.
Finally. A judge that gets it! That was VERY WELL PUT the comment in itallics.
APPLE IS A PATENT TROLL BULLY!
don’t think moto htc or Samsung initiated it. APPLE FANBOYS GO HOME AND GET A LIFE AND STOP TROLLING PHANDROID! No matter Who is wrong or right then patent bs needs to stop and allow open competition to all.
My reading of the decision was that neither Apple nor Moto could prove damages. Therefore Apple’s request for injunction was in effect a request for excessive punitive damages which was rejected because Apple didn’t even prove compensatory damages for the patent violations. I wonder if the approach by Apple’s legal team was by design (we don’t need the money, we just want to destroy Android) or by accident (Apple’s three teams of lawyers in this case didn’t talk to each other or Apple). I don’t think you can extrapolate this decision into other patent cases.
Posner is the sort of judge that sets a path for these types of things, so hopefully we’ll see this precedent followed going forward with respect to these ridiculous claims by Apple for injunctive relief.
Also, if you take the time to read it, Posner’s opinion is frequently laugh-out-loud funny.
I agree. I literally laughed at points, and other times I gave a little cheer. Judge Posner is my current hero!
Raveesh, I love that you’re writing for Phandroid on the weekends, but please be careful with your use of “you’re” instead of “your”. (First word in your second sentence)
P.S. I don’t mean to be a grammar Nazi. Mistakes like that just really bug me.
apologies, Ben. Taken care of.
He is one of the more thoughtful and opinionated writers though, I like him
Please check out the link “Silencing of Maya” and read about this little girl’s story.