One of the most outspoken judges in the craziness that is the US patent system made a bold move tonight, throwing out a lawsuit in which Apple and Motorola were seeking injunctions against each other’s mobile products.
US District Court Judge Richard Posner previously canceled a jury trial in Chicago in the case, and then castigated both Apple and Motorola while calling the entire US patent system chaos. Posner issued a ruling late today (Scribd link) that shows he wasn’t just joking.
Noting that dismissals without prejudice allow suits to be refiled, Posner made it clear that this one would be dismissed with prejudice. “It would be ridiculous to dismiss a suit for failure to prove damages and allow the plaintiff [Apple] to refile the suit so that he could have a second chance to prove damages. This case is therefore dismissed with prejudice,” Posner wrote. Posner had previously ruled that proposed testimony from experts put forth by both sides would be inadmissible, making it difficult to support any claims for damages or injunctions.