Judge Richard A. Posner, of the US District Court in Northern Illinois, criticized Apple and their attorneys for “frivolous filings”, with regards to Apple’s ongoing patent dispute with Motorola.
Posner’s words over patent dispute are especially significant considering his influence and reputation in the legal world. According to Florian Mueller of FOSS Patents, apart from being on top of being an appeals judge, Posner is the most-cited US legal scholar of the 20th century.
Mueller made a valiant attempt to collect every Apple-Samsung lawsuit filed in the last year. With more than 50 separate suits between the two companies, it is amazing and a bit strange that it took the dispute with Motorola to elicit a response from the vocal judge.
Posner’s comments were in response to a motion from Apple seeking to prevent Motorola Mobility from deposing a certain expert. The details remain under seal but Posner claimed on half of Apple’s motion was “frivolous,” and the other was “untimely.”
Mueller opined that Apple drew criticism from Posner because the it attempted to use an expert’s wife’s medical condition to block a deposition. Apple then filed a second attempt to block the expert’s deposition only three days later, this time without citing health issue.
“The next such motion, and I shall forbid (Apple) to file any motions without first moving for leave to file,” Posner said in his decision.
Mueller said that Posner’s threatened sanction against Apple will not put them at a particular disadvantage during the rest of the proceedings. However, it remains to be seen whether Motorola can use it into its advantage in any way or not.