DUELING Apple and Google Have This Common Problem
Apple (NASDAQ:AAPL) and Google (NASDAQ:GOOG) unit Motorola Mobility have jointly asked two different courts for more time to file their respective contentions in two separate cases between the companies. Apple and Motorola have ongoing patent cases against each other in the U.S. Court of Appeals for the Federal Circuit and in a Florida district court.
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In the first case, Apple and Motorola are appealing a July ruling from Judge Richard Posner, who dismissed their two-way lawsuit involving injunction requests and damage demands. The two companies have now filed a joint request asking the court to add 60 days to their respective deadlines to file initial arguments. Apple’s current deadline is September 28, while Motorola needs to file a response by November 7. However, according to FOSS Patents’ Florian Mueller, the two said in their request that “the complexity of this case and the press of other matters” warrant an extension.
In the Florida case, where Motorola has sued Apple for patent infringement, the two have requested a two-month deadline extension. According to Mueller, the basis for the extension request is the fact that the two have either debuted, or are expected to debut, new devices.
Judge Robert Scola granted the stipulation, but noted that Motorola had previously complained about the court’s scheduling. “Motorola, who so vehemently protested the longer schedule advanced by Apple and adopted by the Court, now (without a hint of irony) joins in a request to further extend deadlines,” Scola wrote. “The Court is nonetheless pleased that the parties have been able to reach agreement on something. Therefore, in the spirit of rewarding the parties’ efforts to confer and reach agreement, the Court finds good cause for the requested extension and hereby grants the same.”
New contentions are due by November 7, while the companies are to file invalidity contentions by December 5.