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Apple Patent Ruling May Alter Tech Tactics

Publication Date: 
June 24, 2012
The Wall Street Journal
Ian Sherr and Don Clark

Lecturer Brian J. Love spoke with Ian Sherr and Don Clark of the Wall Street Journal to discuss the implications of the Apple v. Google smartphone patent ruling.

An influential federal judge shut down a high-profile patent case involving Apple Inc. and Google Inc.'s Motorola Mobility unit, rejecting their use of a legal weapon at the heart of the current smartphone patent wars.

The ruling Friday by Richard Posner, an appellate-court judge designated to hear the case in Chicago, is a blow to the campaign by Apple and its rivals to use patent suits to block competitors' progress. Judge Posner ruled that companies in such cases shouldn't be able to win court injunctions blocking sales of infringing products, a key tactic for plaintiffs trying to pressure defendants.


"The ruling was more like a 'what Judge Posner thinks' rather than writing something that can be cited broadly or that other judges can use for their rulings," said Brian Love, a professor at Stanford Law School who studies patent litigation. "I was expecting him to come down with something with broader impact."