Judge Richard Posner, who was presiding over the Motorola Mobility vs. Apple patent case, has thrown out the entire thing for failure to prove damages. Judge Posner cancelled a jury trial at the beginning of this month and has followed this up by dismissing the case with prejudice.
If a case is dismissed without prejudice the suit can be refiled but Judge Posner said in his ruling, “It would be ridiculous to dismiss a suit for failure to prove damages and allow the plaintiff [Apple, in this case] to refile the suit so that he could have a second chance to prove damages. This case is therefore dismissed with prejudice.”
Posner previously complained that, had Apple succeeded in getting an injunction against Motorola handsets, it would have had “catastrophic effects” on the industry in general and also criticised Motorola for attempting to use a standards-essential patent to file an injunction against Apple.
This move doesn’t close out the Motorola/Apple battle however. There are still patent cases pending before the US ITC (International Trade Commission) as well as in Germany for Motorola Mobility and Apple to continue pressing.
Source: Ars Technica