Microsoft, Motorola legal bickering sparks judicial disgust

If you are sick to death of the persistent patent pettifoggery puking its way through the global justice system, take a moment to pity the poor judges who have to endure being slathered by legal excrescences as part of their daily routine. Take, for example, US District Judge James Robart, who is enduring presiding over the …

[Schultz]

It's a marketplace

"The Reg pines for the days when a company's success or failure was decided in the marketplace and not in the courtroom"

It's a marketplace where companies pay billions for "IP" and hire expensive lawyers as enforcers to beat up the competition. Weird marketplace, 'intellectual", full of brainy people and at the same time utterly stupid. IP bubble is the best word for it.

[Anonymous Coward]

Partly, it's the patent sytem.

Parallels with copyright, anyone? Same sort of problem: Focus shifted away from fostering invention and towards shuffling "IP" around like financial market derivatives. It isn't doing the small inventor any good, hasn't for quite a while. So much crap has been accepted as a patent that most won't stand up to serious inspection --there's even at least one crowd-sourcing outfit specialising in finding prior art-- but the value isn't in their content any longer. Just their mere existence in large numbers is enough; their purpose is to provide the bulk to fill large corporate warchests.

I don't think there's many of the originally targeted protectees left that would genuinely suffer from an immediate termination of the patent system and null-and-voiding of all still valid patents. Certainly not relatively speaking. I don't know what I'd replace it with, though. Ideas, anyone?

[asdf]

Re: Partly, it's the patent sytem.

Mostly its all about three words, attorney billable hours, like just about everything about the legal/justice system.

[Ole Juul]

Re: Partly, it's the patent sytem.

I don't know what I'd replace it with, though. Ideas, anyone?

Work.

[MacroRodent]

Re: Partly, it's the patent sytem.

> I don't know what I'd replace it with, though. Ideas, anyone?

As far as software is concerned, it should go back to the way it was before the early 1990's or thereabouts: just copyright and trade secrets. Worked quite well. Practically all real software innovations predate the "benefits" of applying the patent system to software.

(Yes I know there were some software patents before the time I mention, but they were comparatively few and mostly ignored, until an unfortunate supreme court decision gave software patenting teeth).

[Johnny Honk]

Using the word hubris just reeks of arrogance imo.

[cloudgazer]

minor correction

Actually I believe the Jury in question would be only 6 people, at least if Florian Mueller's quote of Judge Robart is accurate.

[Anonymous Coward]

Maybe WebM still has a fighting chance after all

Assuming Motorola succeed in demanding their licence fees for h.264, this could make h.264 even less attractive than it already is as the ongoing cost of using h.264 becomes increasingly expensive.

[jake]

Marketards are marketards.

Marketards use laws, not innovation, to make money. It's been that way since the year dot. Hopefully, eventually, some judge will figure this out & start frivolous litigation proceedings on the perpetrators and we can all put this laughable waste of time and money behind us ...

[Semaj]

Well really it's the patent system that's in the wrong for letting companies patent abstract concepts.

Also (in my opinion) judges should be able to throw out frivolous IP infringement cases and fine the claimants and their lawyers for contempt of court. Same goes for BS litigation seekers (ambulance chasers).

[Hubert Thrunge Jr.]

Here's an idea

The Judge makes a ruling on the case : Motorola - Microsoft - you both win or is it lose. I award $1 to each party, legal costs can be born by yourselves. No appeal, and if you ever file another case like this (either of you - against anyone) I'll sentence your CEO, management team, and legal department to 5 years hard labor (note American spelling) in Texas under the control of Sheriff Joe Arpaio. Now get the f**k out of my courtroom!

[asdf]

Re: Here's an idea

> in Texas under the control of Sheriff Joe Arpaio.

Yes Sheriff Joe does travel a lot on the Arizona tax payer for his political self promotion rallys but I doubt the Phoenix voters would tolerate Joe permanently living in another state. Oh wait he didn't investigate 400 sex crimes due to be too busy promoting buddy politicians so the retards would probably reelect him no matter what.

[puffspluslotion]

Re: Here's an idea

"...I doubt the Phoenix voters would tolerate Joe permanently living in another state"

I don't know, some states don't seem to mind that they have senators with no permanent residencies in the state they represent.

[asdf]

Re: Here's an idea

Even in inbred Indiana the voters finally wised up so I guess outside of the deep south eventually the people learn.

[Anonymous Coward]

The Judge in MS's US home town

Is claiming juristiction over and blocking a Sovereign German Court decision.

Go figure.

[Blindman]

Arggghhhhh!!!!

Why do they use proprietary code in standards, oh wait I know the answer to that one.

I say bring in Judge Judy she could sort this rabble out.

[Anonymous Coward]

It's just business

The legal system is just another instrument for business to use. I don't have a problem with companies using patent system to gain the upperhand. That's how businesses work, by using financial and IP clout to defeat your opponents. Game on.

[Dave Coventry]

Re: It's just business

I wasn't aware that was the purpose of patents.

But I accept that their use is considered a huge success in the US (for the major patent trolls, anyway) which is why they want to extend it into Europe and the rest of the World.

[Anonymous Coward]

Motorola no longer exists

There are now two companies; Motorola Mobility (MMI) and Motorola Solutions (MSI) and it is important to say which one a news story relates to!

[John McCallum]

Re: Motorola no longer exists

I belive that this court case started when Motorola was one company so it is still treated as if it is still one company as far as the court case is concerned.although I could be wrong on that.