CAFC sends Apple/Google case back to Judge Posner

Reuters discussed the CAFC ruling on Friday, April 25, which "brought back" the suit by Apple against Google's Motorola Mobility Unite.

Judge Richard Posner of the Seventh Circuit Court of Appeals had been sitting by designation in ND Ill.

As to claim construction, most was affirmed, except as to Apple's '949. As to decisions on damages evidence, most was reversed.

Note also: To the extent that the district court applied a
per se rule that injunctions are unavailable for SEPs, it erred.

Apple v. Motorola

See also: https://gigaom.com/2014/04/25/in-apple-google-case-court-blows-off-famous-judges-plea-for-patent-sanity/

From the CAFC decision:


Our precedent does not precisely address the impact
of statements such as Motorola’s here. Motorola’s de-
scription of the TOSN came after the ’712 patent issued
and was made in front of a foreign patent office.

(...)

Motorola’s state-
ments that
the TOSN “is never transmitted” to the receiv-
er could not be clearer.
See Gillette, 405 F.3d at 1374
(holding party to “blatant admission” in argument made to EPO)
.