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"Apple v. Motorola: Judge Posner dismisses entire patent case, no injunctions to be issued (update)"
Reply to: by Cloudgazer
That’s not quite correct. Posner hasn’t said that, what he has done is to take the 4-factor test seriously. One of those factors to be considered is whether damages would be inadequate to repair the infringement.
Neither party in this instance were willing to even discuss the damages that would be appropriate, Posner’s position appears to be that you can’t avoid that factor by simply refusing to provide a damages estimate.
Posner’s ruling will inevitably be appealed, and at the end of this we’ll have a much better idea about what has to be done to satisfy the four-factor test than we currently do. Either Posner’s ruling will be struck down and the old system of ignoring the 2nd factor will become even more entrenched than before, or it will be upheld and plaintiffs will have to make a bone fide attempt to estimate damages.
Reply to: by Cloudgazer
That’s not quite correct. Posner hasn’t said that, what he has done is to take the 4-factor test seriously. One of those factors to be considered is whether damages would be inadequate to repair the infringement.
Neither party in this instance were willing to even discuss the damages that would be appropriate, Posner’s position appears to be that you can’t avoid that factor by simply refusing to provide a damages estimate.
Posner’s ruling will inevitably be appealed, and at the end of this we’ll have a much better idea about what has to be done to satisfy the four-factor test than we currently do. Either Posner’s ruling will be struck down and the old system of ignoring the 2nd factor will become even more entrenched than before, or it will be upheld and plaintiffs will have to make a bone fide attempt to estimate damages.