CAFC sends Apple/Google case back to Judge Posner
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.
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)