The patent litigation between Apple and Motorola has been stand out case among the many involving mobile device technology. The matter of Apple Inc. and NeXT Software Inc. v. Motorola, Inc., is occurring in varying districts of the United States as well as in several European courtrooms. The litigation of the case in the Northern District of Illinois, Eastern District, appears to be the most watched within the United States. Federal Judge Richard Posner, who sits on the U.S. Court of Appeals for the 7th Circuit in Chicago, Illinois,volunteered to preside over the District Court trial. This move originally drew some attention as Judge Posner is of a quite distinguished status to be overseeing a jury trial.
In his March 10, 2012 Order, Judge Posner noted that his concern, “is that many of the proposed claims constructions are not in language intelligible to jurors…There is no point in giving jurors stuff they won’t understand.”
During the annual dinner of the 7th Circuit Bar Association on May 7, 2012, the Chicago Tribune reports that Judge Posner addressed the need for neutral expert witnesses. The need for such expert witnesses is to assist not just the jury, but also the judges who hear such complicated technology matters. According to the Chicago Tribune article,
Posner also espouses another controversial method to help judges better understand the scientific principles involved in complex litigation. He said judges should be open to appointing neutral experts in trials.
Expert witnesses are common in trials, but the validity of their opinions is often difficult for judges and juries to determine.
“The idea of expert witness who are not beholden to the parties who can provide information to judges and juries on technical issues, I think is a terrific opportunity worth exploring,” Posner said.
The trial is scheduled to begin in June 2012. According to Judge Posner, “The idea of expert witness who are not beholden to the parties who can provide information to judges and juries on technical issues, I think is a terrific opportunity worth exploring.”
Tags: Apple v. Motorola, Federal Judge Richard Posner, mobile device technology, Northern District of Illinois, Patent Litigation
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