"As in any jungle, the animals will use all the means at their disposal, all their teeth and claws that are permitted by the ecosystem," U.S. Judge Richard Posner told Reuters in an interview. He sits on the 7th U.S. Circuit Court of Appeals in Chicago.
The case didn't land on his docket by accident either. He volunteered to hear it, he told Reuters.
Posner is a rare judge, not only for granting media interviews but for taking a stance against patents. The judge believes that patents in most industries are doing more harm than good. In some industries, like pharmaceuticals, they make sense since it costs so much to develop drugs.
But with devices, multiple patents can cover each element of a device.
"You just have this proliferation of patents," Posner said in the interview. "It's a problem."
By tossing out the case and canceling the trial, he stopped an injunction against the sale of Motorola phones. He thought stopping the sale of the whole device because of a patent dispute on one tiny element of it wasn't a good deal for consumers.
Too bad other judges don't have Posner's sense. Last week, U.S. District Judge Lucy Koh in San Jose, California bowed to Apple's wish and barred Samsung Electronics from selling its Galaxy Tab 10.1.
Samsung is still allowed to sell its newer device, the Galaxy Tab 10.1 II.
Ideally Congress would fix the laws to make is harder to get software patents. But since that seems unlikely, rulings on individual cases will define if and how tech companies can stop their competitors using patent lawsuits.
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