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Apple patent claim against Motorola dismissed with prejudice


News by Andrew Kameka on Monday November 05, 2012.

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Google-owned subsidiary Motorola says a federal judge has thrown out Apple's lawsuit claiming that Motorola used unfair practices related to patent licensing. According to Google, the judge dismissed the case with prejudice, meaning that Apple cannot file another case at the trial court level based on that claim. Apple could file another lawsuit against Google, but it would have to be for new cases of alleged misconduct with new evidence. It could also appeal the judge's ruling to have the case dismissed without prejudice or overturned by an appellate court, allowing for re-filing the lawsuit at a later date.

Apple had sued Motorola for issues related to patent licensing demands that Apple deemed excessive and meant to prevent the sale of competing products. The same issues is at play in an upcoming case between Motorola and Microsoft, and the disputed accounts of patent issues has reportedly led the FTC to consider filing charges against Google for antitrust violations allegedly carried out by Motorola. Those issues will be addressed at a later date, but for now, Google is content to tout today's ruling as a victory in the company's many legal battles with competitors. A Google spokesperson released the following statement to Reuters:

"We're pleased that the court has dismissed Apple's lawsuit with prejudice. Motorola has long offered licensing to our extensive patent portfolio at a reasonable and non-discriminatory rate in line with industry standards. We remain interested in reaching an agreement with Apple."

source: Reuters

 
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Andrew Kameka
Andrew is based in Miami, Florida.

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