Apple V. Motorola Case "Not" Dismissed, says Judge Posner
A little while ago we reported that Judge Posner had dismissed both Apple's and Motorola's suits against each other. Now he has changed his mind. Both sides can try to convince him that their cases have merit. Again.
The new hearing is scheduled for June 20th. Both sides will be expected to prove that their cases have merit, that the other should give them money. The companies will likely revisit their strategies, possibly opting for royalties rather than lump sum payments as they had previously sued for.
While both companies are under scrutiny this time around, Motorola will have to work harder than Apple simply because its case is based on standards-based patents. The FTC wrote a letter to the ITC a while ago asking that any product ban based on a patented standard get rejected because those kinds of blockades "deter innovation" and encourage companies to aim for a cash windfall. In particular the complaint was about 3G and H.264 video, both of which are critical to mobile phones and both of which are widely used throughout the industry by all parties.
The question is, will Motorola's claim hold up to FRAND (fair, reasonable and non-discriminatory) licensing analysis? That will make or break their case.
Regardless, both sides have been warned that their cases will have to pass legal muster. And they won't be getting another chance to redo their case like this one.
At play here are possible product bans on both sides of the fence. No matter which side wins the case, we all lose. The best thing for us right now is if Motorola and Apple's cases don't hold up to scrutiny.
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