“Judge Richard A. Posner, the most-cited U.S. legal scholar of the 20th century, is actually a circuit judge (appeals judge) but he is sitting ‘by designation’ on the United States District Court for the Northern District of Illinois to preside over an Apple v. Motorola patent lawsuit that will go to trial in June,” Florian Mueller reports for FOSS Patents.
“He’s a character, and he’s outspoken. For example, he called a claim construction proposed by Motorola ‘ridiculous’ and criticized that Motorola’s claim constructions, as submitted at the time, generally weren’t helpful,” Mueller reports. “Now Apple has drawn his ire… ‘I deny the second half of Apple’s motion (seeking prohibition of the deposition) as frivolous and the first half (seeking substitution) as untimely. I’ve had my fill of frivolous filings by Apple. The next such motion, and I shall forbid it to file any motions without first moving for leave to file.’”
Mueller reports, “The motion itself is still sealed. What I understand from the order is that Apple brought a motion to prevent Motorola from deposing a particular expert. Apparently the judge denied a similar with respect to the same expert only a few days before… The sanction that Judge Posner threatens at the end of the passage quoted above could put Apple at a practical (but not substantive) disadvantage relative to Motorola as the case is fast approaching trial. In that event, Apple would have to file a précis letter first in order to seek permission to file an actual motion. That slows things down — and it can ultimately be even more paperwork for the court as well. I guess this is just a warning and I doubt that things will get to that point. If it did happen, it wouldn’t be a disaster for Apple.”