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Smartphone patent wars: Judge dismisses Apple and Motorola cases with prejudice

US Court of Appeals Judge Richard Posner has dismissed a patent lawsuit between Apple and Motorola Mobility, describing the US patent system as being in a state of chaos.

The case involved two trials, with Apple seeking an injunction against Motorola Mobility products alleging the Google subsidiary infringed four of its patents, and a second trial where Motorola sought a similar injunction against Apple for breaching one of its patents.

According to Ars Technica, Judge Posner noted that dismissing the case without prejudice would allow either party to refile, and therefore decided to dismiss the case with prejudice.

Judge Posner wrote: "It would be ridiculous to dismiss a suit for failure to prove damages and allow the plaintiff [Apple] to refile the suit so that he could have a second chance to prove damages. This case is therefore dismissed with prejudice."

The news comes against the background of ongoing patent suits in Europe between the two companies, and after the collapse of patent negotiations between Apple and Samsung late last month.

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Andrew Sadauskas

TechCompany editor

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