U.S. Judge Expresses Frustration at Apple's and Google's Use of Litigation as 'Business Strategy'

[Mr.damien]

"U.S. Judge Expresses Frustration at Apple's and Google's Use of Litigation as 'Business Strategy'"

Then they should punish hard the stealers and then it will stop. As long as Google has not been kicked they will continue to screw everybody...

"Scola has given Apple and Google four months in which to streamline the case on their own before he puts the case on hold."

So this means basically: Screw other peoples works, ask your lawyers to put a mess on the lawsuit against you then you win because the case it put on hold.

Good job...

 

[Oletros]

Wrong. This judge refuses to mention samesung and others who are also at war with Apple and google

I don't know why a judge has to mention Samsung in a case where Samsung is not involved.

And this judge should know the law. If you do not actively defend a patent, you lose the rights to that patent. So Apple/google are only doing what the law requires of them.

I think that the judge has forgotten more law that you know because patents are nor lost if not defended.

 

[rei101]

Does Ford, Toyota, Chevrolet, Kia, VW, GMC, Mercedes, BMW, GM, Audi, Rolls Royce and the rest... are suing each other over similarities?

Because the odds of any manufacturer to have similar devices in their cars is 90% and I do not see a circus about it like in the computer world.

the judge has a point. And lets not go over food brands.

 

[iGrip]

What, so they now don't want corporations to use the Legal system, and duke it out Mafia style?

Yes. That is precisely what the judge said.


/s

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I'm still disappointed that Jobs lost it, and chose the juvenile rant. Going "thermonuclear" is a tantrum that forever taints his legacy. Shameful.

Don't worry about that. His legacy was fixed when he denied paternity of his child, and claimed that he was sterile. His daughter was raised on welfare because The Steve refused to accept any responsibility.

His rant about Google did nothing to lower his reputation. No worries.

 

[MH01]

What, so they now don't want corporations to use the Legal system, and duke it out Mafia style? Its the Legal and patent system that needs fixing, not the other way round.

I'm for mafia style dukeing! The last man standing might innovate again

 

[iGrip]

It a competitor is willing to create a product that they know violates patents—they are asking to go to court. If a competitor decides to sue you, you must go to court. That sounds like normal use of the system to me.

You seemed to have missed what was said in the article:

"'The parties have no interest in efficiently and expeditiously resolving this dispute; they instead are using this and similar litigation worldwide as a business strategy that appears to have no end',..."

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It blows my mind how anyone can excuse the companies' rights to litigation upon infringement.

If someone copies your idea, it's ok to let it slide?

The judge said nothing even close to that.

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This case was brought about Motorola/Google and the judge is basically mostly bashing Google since they are the one suing. Not sure if anyone is bashing Apple specifically.

The judge said: "The parties have no interest in efficiently and expeditiously resolving this dispute;...".

Given that he was referring to both litigants, you can be very, very certain that he was indeed bashing Apple specifically.

 

[damage00]

Let 'em fight...

...but tax them big time for use of the courts.

 

[zorinlynx]

If this case is being heard locally (Miami) maybe I can drop in on it. It might make for popcorn-worthy entertainment. Are these proceedings open to the public?

 

[lordofthereef]

Does Ford, Toyota, Chevrolet, Kia, VW, GMC, Mercedes, BMW, GM, Audi, Rolls Royce and the rest... are suing each other over similarities?

Actually Hyundai recently got sued by jaguar over one of their models where the front view of the Hynudai Sonata looked a lot like many Jags (think headlamps). Hyundai basically redesigned the car as a result. (I realize neither of those manufacturers were part of your original example, but I thought it was still fitting, and it was something I actually knew about, which is rare when talking about cars lol).

The difference is, this sort of thing doesn't make huge headlines, except maybe on car enthusiast forums. You have to realize that you are on an Apple/tech enthusiast forum. Admittedly, I have heard about Apple/Google lawsuits in the daily news as well, but not nearly as much as I get on websites like this one.

As far as food brands are concerned, I believe that one cannot really patent, trademark, etc. a recipe. So really, all food brands have against any other such company is perhaps packaging and naming schemes. It is essentially why recipes are kept secret.


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You seemed to have missed what was said in the article:

"'The parties have no interest in efficiently and expeditiously resolving this dispute; they instead are using this and similar litigation worldwide as a business strategy that appears to have no end',..."

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The judge said nothing even close to that.

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The judge said: "The parties have no interest in efficiently and expeditiously resolving this dispute;...".

Given that he was referring to both litigants, you can be very, very certain that he was indeed bashing Apple specifically.

Step 1: Macrumors member reads title of post
Step 2: (optional) Macrumors member looks at whatever picture is attached to said article
Step 3: Macrumors member posts his opinion about the person(s), companies, and writer(s) of said article based only on those two aforementioned factors.

It's how MR works man. Actually, a bunch of forums sites do. Try as you might to point out the ignorance of people, it (mostly) falls on deaf ears.

 

[paul4339]

It blows my mind how anyone can excuse the companies' rights to litigation upon infringement.

If someone copies your idea, it's ok to let it slide?

I don't think that's the heart of the matter. The judge is contending that there's "no interest in efficiently and expeditiously resolving this dispute". And that the parties are making things unnecessarily complex. And it isn't ruling the part that's holding things up, it's the claim construction.

So it has to be interpreted by the court or simplified by the parties. If left to the courts it'll take a long time, so Scola (rightly or not) ordered the parties to streamline it.

Making things complex just to stall things (not just to resolve infringement) is sometime a business strategy.

.

 

[typeadam]

I like this judge. I agree with this judge.

It appears that Apple supporters dislike this judge for not coming down hard on Google and that's it.

Meanwhile, Google supporters and those that are neutral agree and/or like the judge, or at the very least, can see his POV.

 

[marksman]

Lol I don't understand why you would say Miami is not tech savvy...

Because Miami is not tech savvy?

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I think the order absolutely recognizes that. That's his point. He's sick of it, at least in this situation.

And judges are those that alter the court system.

Yeah it seems some people don't appreciate how much leeway judges have in their courts. They have a ton. If someone doesn't like what is done they can appeal it and that is how the system work. There does not seem to be anything out if line here and certainly nothing that would cause a possible reversal of the case on appeal. The judge is setting the ground rules and expectations in his court.

 

[KdParker]

Does Ford, Toyota, Chevrolet, Kia, VW, GMC, Mercedes, BMW, GM, Audi, Rolls Royce and the rest... are suing each other over similarities?

Because the odds of any manufacturer to have similar devices in their cars is 90% and I do not see a circus about it like in the computer world.

the judge has a point. And lets not go over food brands.

These lawsuits happen all the time, we just don't hear about them. Unless you follow forums that discuss those types cases.

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I like this judge. I agree with this judge.

It appears that Apple supporters dislike this judge for not coming down hard on Google and that's it.

Meanwhile, Google supporters and those that are neutral agree and/or like the judge, or at the very least, can see his POV.

I wouldn't make that broad of a statement.

 

[marksman]

I have to agree 100%. Both sides think that they are right and that the other side infringed. That's why the case has gone to court. Does anyone honestly expect either Apple or Google to give up their claims ?


This is not a wise judge but a lazy judge.

You are incorrect. They both have patents each other wants. They both will ultimately make areal and trade patents. The judge does not want his court to be used simply as a tool for one side to gain the upper hand in the final settlement
What he is saying is we all know you will make a deal and i will not have have to waste the courts time to make a simple business deal.

The judge, correctly, feels they are misusing his court and he is putting them on notice thst will not fly.

I seriously don't a higher court would find any fault with the judge.

Again the judges have massive leeway in the courts. The check on that are the appeals court. I do not think an appeals court would favor with someone wasting more court time because they were already told they wasted too much time.

This sounds like a very capable judge to me.

 

[thekev]

You have to defend or contest it every time or it sets a precedent.

Wrong. This judge refuses to mention samesung and others who are also at war with Apple and google.
And this judge should know the law. If you do not actively defend a patent, you lose the rights to that patent. So Apple/google are only doing what the law requires of them.

Both of you are thinking of trademarks. Also Samsung has nothing to do with this case.

 

[marksman]

Wrong. This judge refuses to mention samesung and others who are also at war with Apple and google.
And this judge should know the law. If you do not actively defend a patent, you lose the rights to that patent. So Apple/google are only doing what the law requires of them.

Unfortunately, I guess, all of what you said is incorrect.

 

[typeadam]

These lawsuits happen all the time, we just don't hear about them. Unless you follow forums that discuss those types cases.

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I wouldn't make that broad of a statement.

It's no secret that supporters of a certain company want its competitors to get beaten down. Hell, I'll admit, I have "allegiances" to certain companies for various reasons and I don't wish for them to be undermined. However, I can certainly see the judge's reasoning. In addition, this is an Apple-oriented board, so you're bound to see a bit of bias loyalty.
I'm not making any revelations, just perception.

 

[godknows]

Not endorsing this by any means, but what about Moncento?

 

[Chupa Chupa]

Clap. Clap. He should get his compartriots on the various federal benches to lobby Congress for a comprehensive 21st Century IP law overhaul. I know Congress (D & R, House & Senate) are beholden to their corporate masters on this issue, but maybe if the judiciary sings loudly in unison it will embarrass them enough to move forward. What we now have is far from what the Founding Fathers envisioned when they included it on the Constitution.

 

[reevans]

The Justice system is about compromise?

Peace is only possible when there is true justice. The court is wrong when they tell the parties that they have to ignore the 'little issues' and focus on narrowing it down to a few big issues. Google is clearly wrong in stealing IP and using it for business. The courts should put Google in their place by taking on every single issue and send a message to others that justice will prevail.

 

[IJ Reilly]

Good point.

So, it's a rant by a judge.

Call it that if you like, but as a rule judges don't like to be presiding over food fights in their courtrooms. If that's the situation the judge in the case feels he is facing, it's within his jurisdiction to tell the parties to come back when they are prepared to behave.

 

[Nightarchaon]

Simple answer, Court should give google and apple a time frame of 6 months to sort it all out themselves, after that all the patents being disputed are declared Public domain... that will get a result in record time i reckon .

 

[Oletros]

Google is clearly wrong in stealing IP and using it for business. The courts should put Google in their place by taking on every single issue and send a message to others that justice will prevail.

Wow, I thought that that the trial has not started and you even know the outcome

 

[samwise]

If they don't, and based on Citizens United ruling by SCOTUS that corporations are people, can he put either of the parties away for contempt of court?

 

[macsrcool1234]

"That is not a proper use of this court."

Lets nominate this guy for the supreme court next.