because the iphone and ios have been so successful, every company is trying to emulate that success and copy the iphone in the hopes that the average customer wont notice a difference in the two. by copying apples designs and ui, they are guilty of copyright infringement. thats not to say apple is squeaky clean, one look at notifications in iOS5 and its almost an exact copy of droid os’.

that said, this judge is just a cranky old man that doesnt understand the situation. just because apple is more successful and makes more money than motorola, doesnt negate the fact that motorola stole copyrightable design and ui elements. they should be held accountable, just as apple should be for notifications.

The problem that haunts Apple, is that they are so litigious. They complain about FRAND and what is expected yet, they won’t equally contribute on that playing field. Isn’t FRAND to help cross license standard technology? Apple’s DNA does not recognize licensing their products. They are very proprietary in their ecosystem.

I argue that Apple is abusing the patent system for personal gain by trying to quell all competition. The question isn’t whether Apple’s patents are valid, it’s whether they are “overgeneralized” in an area that can’t sustain so much control from one company. Apple needs to slim down on what they feel is more beneficial to themselves and pool the rest for standard use. That is what FRAND is trying to accomplish and Apple refuses to recognize this.

It will not surprise me if Apple is seriously brought to trial for Anti-competitive measures. The court system is being over burdened with these stupid litigations. We as consumers end up paying for all this and Apple consumers have the most at stake.

John B.

Seriously, read the decision. . . Posner points it out clear as day.

Your first sentence kills anything you say from there on as it shows you are a blinded apple fanb. . . way to stay open minded! Clearly the “apple cult” is till alive and well.

Go read it and try again. You have failed to understand most of what Judge Posner’s decision is based on — actual “damages.” HINT: there are NONE (or at the most very little in the way of cash compensation) in apple’s case even if said infringement(s) are proven and injunctions are not to be used. . . . enjoy the read.

Remember, these claims may be dismissed with prejudice, but subsequent claims of infringement from future devices are fair game. It is now known that the infringement is real, so the competitors have to know that any future device that actually succeeds in the market will fail in court.

Clearly you all have NOT read the decision in full.

Judge Posner is NOT saying anyone can just “steal” another company’s IP. He is very clear about his decision and it rests upon the fact that Apple could *NOT* provide any evidence whatsoever of “actual damages” even if they did prove motorola has committed the *alleged* infringement. Therefore, there is NO point in moving the case forward as apple has completely failed to prove any damages whatsoever, thus even if apple won the case it would be awarded only one dollar = pointless case and a waste of the court’s time and tax payer’s money — DO NOT forget that all companies in the US exist for “the good of the people”.

Furthermore, Posner knows full well what the patent system is for and it is NOT to be used as an “offensive weapon” to ban competitors products. It is a tool to protect the inventor and ensure that they are compensated — therefore he pushed apple on why they would NOT accept royalty payments IF the *alleged* infringement occurred.

And that is the rub, patents are there for compensation purposes NOT anti-competitive purposes and Posner knows this full well and knows apple is using patents that have *no real value* for anti-competitive means.

Judge Posner is a highly respected Federal Judge who is rarely over-turned and his decision in this case is very valid and sound — worthless patents are just that, worthless.