Google and Apple file for appeal after Judge Posner ruled out the patent case last month

Monday, July 23rd, 2012 3:24:02 by

Google and Apple have filed appeals on the dismissal of their patent infringement case by U.S. Circuit Judge Richard Posner, of the U.S. District Court in the Northern District of Illinois. The Judge clearly ruled out the case filing on the basis that both companies are trying to pointlessly drag a dispute on violation of some copyrights.

Both tech giants failed to report exact damages that either of them had incurred on the respective copyright violations.

He clear-cut said that, “the cost of patenting and the cost of resolving disputes that may arise when competitors have patents are a social waste.”

The patent war has been fierce in the recent years and technology world is best example to quote in this regard of ruthless demeanor. However, many experts are of the opinion that Judge Posner’s despising attitude might bring about a change in the US Patent system.

Google and Apple are the archenemies in the technology world. Both companies have one leg in the market trying to knock each other out and one leg in courtrooms to belittle the other for infringement of some kind.

All Things D’s John Paczkowski seconds Judge Posner’s view. According to him, those technologies that are mass adopted by manufacturers should be handled as frand patents. The standardized technologies are to be open to every vendor and manufacturer. A monopoly over such standards is simple unjust act.

Paczkowski capsulizes Apple’s response to the recent Google claim thus:

“Standardized technologies facilitate interoperability among disparate devices by giving them the same core functionality. They create a platform for competition. Non-standardized technologies differentiate those devices, create competition, and drive innovation in the marketplace. Subjecting non-standards-essential patents to the same rules as those governing standards-essential ones will hamper innovation and harm consumers.”

A frand patent means that once a technology is in widespread use by other companies, like Bluetooth techology, the owner of the patent should sell it anybody regardless of anything, with a fee that that is acceptable by the majority.

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