Federal Judge Richard Posner Thursday canceled the patent trial between Apple Inc. and Motorola Mobility, subsidiary of Google Inc., scheduled on June 11 in Illinois, because of lack of evidence from both sides.
Posner wrote a “tentative” order in Chicago ruling that both companies’ cases should be dismissed “with prejudice”. That means the cases cannot be brought up again until 2014 at the earliest.
Kelly J. Kubasta, a partner with Klemchuk Kubasta, supported Posner’s decision.
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"When you go to court to allege patent infringement, there are two remedies you can request – monetary damages and/or injunctive relief. But both are required to prove some sort of injury,” explained Kubasta at the E-Commerce Times.
“Posner indicated that he didn't believe either side had been financially injured," Kubasta added.
The argument between Motorola and Apple could date back to October 2010, when Motorola first sued Apple. And, of course, Apple sued back just three weeks later. Since then, the legal battles between mobile companies seemed never really stopped.
By June, Apple was left with declares for two patents’ infringement, and the judge ruled that Apple’s evidence still didn’t create “a genuine issue of material fact enabling it to withstand Motorola's motion for summary judgment.”
Patent lawsuit appears to be a dominate strategy among the tech giants in the United States. When a lawsuit starts by a rival, and the respondent didn’t sue back, the plaintiff would get benefit from this suit.
Most recently, Apple and Samsung’s patent fight is turning out to be intense as the new Samsung’s Galaxy S3’s coming. Both Google and Apple have patent issue with HTC as well. Adding Apple and Motorola’s long term patent war here, it seems like the counselor teams in those tech giants are busier than their research teams.
However, the suit and counter-suit usually do not give any benefit to either parties – except perhaps the lawyers. The counselor teams are said to make judge frustrated with their “ridiculous arguments”.
"[I]njunctive relief would impose costs disproportionate to the harm to the patentee and the benefit of the alleged infringement to the allowed infringer and would be contrary to the public interest, I cannot find a basis for an aware of injunctive relief," Posner said.
Motorola Defy XT, Defy Mini launched in India - Times of India
Both the phones Defy XT and Defy Mini are water-resistant, scratch-resistant and dust-proof.
Motorola Defy XT runs on Android Gingerbread operating system. It has a 3.7-inch display with a 480x854 pixels resolution and Gorilla Glass protection. The device is powered by a 1GHz processor, 5 megapixel rear camera with autofocus and LED flash. There's also a secondary front-facing VGA camera.
Motorola Defy Mini is a dual-SIM smartphone. It also runs on Android Gingerbread and is powered by a 600MHz processor. It has a 3.2-inch display with Gorilla Glass protection. The device comes with a 3 megapixel rear camera with flash. Theres's also a secondary front-facing VGA camera for video chat.
Common features of the devices include MotoSwitch 2.0 UI over Android 2.3 Gingerbread, 512MB of RAM, expandable memory up to 32GB via microSD card, Wi-Fi, DLNA, GPS/aGPS, Bluetooth 3.0 and 3G connectivity.
Both the smartphones have same battery, which is 1650 mAh. However, Defy Mini claims a standby time of over 500 hours, while the Defy XT claims a standby time of 290 hours.
Motorola Defy XT is priced at Rs 16,190 while the Defy Mini is priced at Rs 11,490.
Motorola Droid RAZR HD first pictures reportedly leaked - UberGizmo (blog)
And judging from the photos, it seems that the device is headed to Verizon after all. The publication notes that the back plate is in full Kevlar and that the camera, centered in the middle with flash and speaker on opposite sides, is likely to be 13 megapixels. Also, Droid Life pointed out that Motorola will be using a 3300mAh battery on the device, hence the less humped design.
The tipster allegedly said that the screen is amazing and that the phone also has on-screen navigation keys. “We still do not have a release date, but we are hearing we could be up to 2 months out. Other sources of ours have said that this phone would arrive late summer, so this would at least match up to that time frame,” the publication wrote. Personally, I cannot prove the veracity of the leaked photos. So, let’s add a grain of salt to the report until it’s cooked okay?
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