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Apple To Face A $2.7 Billion Blow In Motorola Patent Case?
In response to Motorola’s likely victory against Apple in a recent patent infringement lawsuit related to “emailing syncing patent”, Cupertino representative has told a German court that they are set to lose $2.7 billion if it rules in favor of Motorola, as reported by BusinessInsider. The report also claims that Apple has requested the court to demand Motorola provide $2.7 billion in collateral in the event the judge sides with Motorola.
Citing from the source:
German courts often require the winning side in a case to post collateral if it wants to enforce a ruling while the other side is appealing. The amount reflects the losses the party is facing when forced to comply with the ruling. If it wins the appeals, it can seek damages and can make use of the collateral held for that.
However, the judge doesn’t appear to agree with Apple’s valuation:
“I am not yet entirely sure that amount adequately mirrors the commercial value of this dispute … The technology isn’t a standard and there are alternative ways to provide the same services.”
Do you think Apple deserves to take the fall for this?
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So let me get this straight… in Germany, if you are suing someone because they have cost you $X, you may be forced to put up $X as collateral against the potential of an appeal? Wow! That’s just messed up
No it actually makes perfect sense. Say in a hypothetical lawsuit you, Jamie, were suing X Corp. for $100 million and you were awarded that same $100 million by a judge – but the case was shaky to say the least, so the defendant of course appeals it. The collateral that you as the winning party in the first lawsuit have to post is meant to secure the awarded $100 million and prevent you, Jamie, from blowing it all on coked up nights partying with supermodels on chartered yachts in the Meditteranean (no matter how good that sounds), and consequently not being able to return the $100 million when the verdict gets overturned in appeal.
you had me at coked up nights partying with supermodels
Word
Actually, your analysis is incorrect.
In this case, Apple is alleging that it will suffer $2.7 billion if Motorola is successful in this lawsuit – i.e. Motorola wins the lawsuit = Apple loses $2.7 billion. As such, Apple is asking the court to order Motorola to post collateral in the amount of $2.7 billion to cover those losses pending Apple’s appeal, in which appeal it expects to be successful. Apple’s argument, effectively, is that a Motorola victory in the lawsuit would be wrong and likely to be overturned on appeal, but between the lower court decision and the appeal, it (Apple) will suffer $2.7 billion in losses and wants to be able to recoup same by way of the posted collateral and not by having to chase Motorola later on.
Ummm… Isn’t that exactly what he just wrote, but in a more entertaining way.
Thanks Dennis, I thought so too..
I see that utility with the English language is lost on the both of Dennis and David.
Good luck to you both.
Well. … someone needs to bring the dictatorship of apple and microsoft down – I don’t care who and how and if its fair or not!
So tired of their reign on smaller businesses and how they totally retard innovation.
They are desparate and pathetic. Neither has. Competitive product nor state of the art bleeding edge anything.
Just bend over and take it from the Droid 🙂
long live the Widgets!