Apple and Google Won’t Back Down

Neither side in the Apple vs. Motorola trial was happy with the judge’s decision last month to dismiss the case, with both Apple (NASDAQ:AAPL) and Google (NASDAQ:GOOG) filing appeals on Friday in a move that will take the suit to Federal Court, which FOSS Patents’ Florian Mueller says tends to be partial to patent holders and will thus likely reverse some of Judge Richard Posner’s ruling.

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Mueller said that, “given the large number of claims at issue in that action and the fact that the Federal Circuit reverses at last part of an appealed ruling in more than 40% of all cases, it would be a statistical anomaly if each and every one of Judge Posner’s decisions was affirmed.”

Both Apple and Google are opposing every ruling that was not in their respective favor. For Apple, that includes “those portions of the Court’s summary judgement and claim construction orders that were adverse to Apple,” as well as portions of the evidentiary orders, portions of the Court’s May 22 Opinion and Order in which the Court struck Apple’s damages expert and underlying damages theories, and portions of the Court’s June 22 Opinion and Order granting summary judgement against Apple relating to the company’s damages theories and its entitlement to an injunction with respect to Apple patents.

Google and its subsidiary Motorola are appealing a number of orders as well, again including every one that was adverse to themselves, including the exclusion of certain evidence Motorola intended to offer, the Court’s order denying Motorola’s motion to dismiss or transfer the case, and the Court’s rejecting Motorola’s damages expert and underlying damages theories, among numerous others.

Judge Posner temporarily canceled Apple’s trial in early June, but decided to rehear the case just two weeks later, when Apple once again sought an injunction against certain Motorola handsets that allegedly infringed four patents regarding heuristics, UI elements, and wireless technology. Apple brought the case in response to Motorola’s own patent claims against the iPhone maker concerning certain wireless technology.

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