Dismissal With Prejudice of Apple, Inc. v. Motorola, Inc.: An Exercise of Justice or A Statement of Judge Posner’s Distaste for the Software Industry’s Infiltration into Patent Law

It was no accident that Judge Posner presided over Apple, Inc. v. Motorola, Inc. After volunteering to oversee it, the case was transferred to him from Wisconsin. After holding a Daubert hearing, Posner found that the testimony of Apple and Motorola’s damages experts were inadmissible. Subsequently, both parties moved for summary judgment on each other’s damages and injunction claims. The Court held that neither party provided sufficient evidence to withstand summary judgment on damages and injunctive relief and dismissed the case with prejudice.
Posner has been open about his concern over excessive patent protections and his desire for major reforms. He finds patent protections especially excessive within the software industry. In his September 30, 2012 blog he states, “The problem of excessive patent protection is at present best illustrated by the software industry.” This begs the question: Was Posner’s ruling in Apple, Inc. v. Motorola, Inc. a shot at reform?


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