• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

After 40 investors rejected Jeff Bezos’ Amazon pitch, his parents offered $245,573 of their retirement savings

2

D.C.'s affordability headache has a silver bullet, new study shows: Tackling $40 trillion national debt would boost household income by $36,000

3

China now makes up a record 40% of all global container exports—and it’s a sign Trump’s tariffs meant to punish Chinese firms have fallen flat

1

After 40 investors rejected Jeff Bezos’ Amazon pitch, his parents offered $245,573 of their retirement savings

2

D.C.'s affordability headache has a silver bullet, new study shows: Tackling $40 trillion national debt would boost household income by $36,000

3

China now makes up a record 40% of all global container exports—and it’s a sign Trump’s tariffs meant to punish Chinese firms have fallen flat

Judge bars Apple from turning court into reality distortion field

By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
June 2, 2012, 11:21 AM ET
Google source logo
Add Fortune on Google for similar content.

FORTUNE — If you’re following the smartphone patent wars and have never run into Judge Richard A. Posner before, you’re in for a treat.

The federal judge who drew Apple v. Motorola is one of America’s most respected — and outspoken — jurists. He’s had a hand in everything from the Microsoft antitrust trial to the Monica Lewinsky case. He once called the War on Drugs “quixotic” and wrote that anyone who wouldn’t use torture if that were the only way to prevent detonation of a nuclear device in Times Square shouldn’t be in a position of responsibility. (See here.)

The patent dispute that brought Apple (AAPL) and Motorola to Posner’s court is scheduled to begin in less than two weeks, and the judge has already made it clear that he will brook no nonsense.

Three weeks ago, he ordered both sides to rewrite their briefs in language intelligible to laypeople. “There’s no point in giving jurors stuff they can’t understand,” he wrote. He also forbade Apple from presenting newspaper articles or other media praising the iPhone or iPad unless they specifically refer to patents Apple claims Motorola infringed.


Judge Posner

Last week, according to FOSS Patents‘ Florian Mueller, he went even further:

“More broadly, I forbid Apple to insinuate to the jury that this case is a popularity contest and jurors should be predisposed to render a verdict for Apple if they like Apple products or the Apple company or admire Steve Jobs, or if they dislike Motorola or Google.”

Ironically, Posner denied an earlier Apple motion that Motorola be prevented from entering into evidence any references to Walter Isaacon’s Steve Jobs biography, in which Jobs is quoted saying Google’s (GOOG) “f—ing ripped off the iPhone, wholesale ripped us off” and threatening to “go to thermonuclear war.”

Apple could still argue that Jobs’ intemperate remarks are hearsay and therefore inadmissible.

About the Author
By Philip Elmer-DeWitt
See full bioRight Arrow Button Icon

Latest in


Most Popular

Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • TikTok icon
  • YouTube icon

    Latest in


    Most Popular

    © 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
    FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.