Apple V. Motorola: Implications For Patent Damages

Law360, New York (June 29, 2012, 1:17 PM EDT) -- Judge Richard Posner’s decision to end the patent infringement case over smartphone technologies between Apple Inc. and Motorola Inc. will have significant implications for patent litigation. Between his Daubert opinion of May 22[1] and his opinion and order of June 22,[2] Posner declared that neither side had proven that it was entitled to any form of relief. Consequently, Posner canceled the hearing on liability, ending the case.

If adopted by courts, Posner’s approach — that liability need not be determined when the patent holder fails to...
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