Write a short essay answering the following questions: (at least one page)
Is this a good principle to consider in patent cases?
Should a provision similar to the fourth fair use guideline apply to patents?
(Posner's statement was part of a decision dismissing a case in which Motorola and Apple sued each other over smartphone patents. June, 2012)
This material may consist of step-by-step explanations on how to solve a problem or examples of proper writing, including the use of citations, references, bibliographies, and formatting. This material is made available for the sole purpose of studying and learning - misuse is strictly forbidden.Is this a good principle to consider in patent cases?
Yes it is, because it will have an effect in long term, but in short term, this is not good for patent cases. It is clear that the point of the words said by judge Posner was some kind of his contribution to the patent cases peace. His aim was discouragement of more ligations and cases, but unfortunately his words and the ruling in the case might have an opposite effect. The issue that was in the center of his attention was raising the bar for injunctive relief and to reduce the number and level of patent cases. But as I have said it, his ruling, especially part that focuses on injunctions, had a completely opposite effect.
The opposite effect that happened has other causes beside the words of judge Posner. In the core of Motorola vs. Apple case is actually a “war of technologies” between Apple and Android which will not stop tomorrow nor the day after tomorrow. That conflict will go on. As long as these two companies don’t settle on a global level, patent cases will be as often as they are now....