John Paczkowski

Recent Posts by John Paczkowski

Apple vs. Motorola Judge: “Just When I Thought I Was Out … They Pull Me Back In!”

When Richard Posner, the judge presiding over Apple vs. Motorola, tentatively dismissed the case two days before it was scheduled to start, he did so with a caveat: “I may change my mind.”

Now, not a week later, he has done just that.

In an order filed Wednesday and released today, Posner granted Apple’s request for an injunction hearing and scheduled it for a week from yesterday. Here’s the full text of the filing, courtesy of FOSS Patents’ Florian Mueller, who first uncovered it.

“I have decided to grant Apple’s request, made at the June 7 hearing, for ‘a hearing at which the parties could attempt to satisfy the eBay factors and do a traditional injunction hearing.’ The hearing will be held next Wednesday, June 20, in a courtroom, to be announced, of the Dirksen Federal Courthouse, at 10 a.m. Each party may argue that it would be entitled to injunctive relief as to its patent or patents were the other party found to have infringed. The parties may submit briefs, if they wish, no later than the close of business on Monday, June 18. The parties should be prepared to address the possibility of substitution for an injunction of an equitable decree for a reasonable royalty going forward. They should indicate any evidence in the existing record (for it is too late to supplement the record) bearing on the question of injunctive or other equitable relief. And if Motorola means to argue for injunctive relief it should be prepared to address the bearing of FRAND on the injunction analysis.”

As you can see, Posner didn’t explain why he reversed course and granted the hearing, though the likely reason is to prevent his ruling from being overturned on appeal. But that’s really beside the point. Both Apple and Motorola now have another opportunity to argue for an injunction against one another’s products, which they will no doubt do agressively come next Wednesday.


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I think the NSA has a job to do and we need the NSA. But as (physicist) Robert Oppenheimer said, “When you see something that is technically sweet, you go ahead and do it and argue about what to do about it only after you’ve had your technical success. That is the way it was with the atomic bomb.”

— Phil Zimmerman, PGP inventor and Silent Circle co-founder, in an interview with Om Malik