Apple Inc. v. Motorola, Inc., No. 11C 8540, Slip Op. (N.D. Ill. February 29, 2012) (Posner, J. sitting by designation).

In light of the upcoming trial of this case – in stages beginning with liability on June 11, 2012 – and the interest because of both the high profile parties and the fact that Seventh Circuit Judge Posner is presiding over the case, I am going to go out of order and profile a significant number of opinions from this case during June.

Judge Posner made the following trial-related orders:

  • Motorola was to brief its position regarding transfer and stay of certain claims pending in the W.D. Wisconsin.
  • The Court entered rules for the use of its experts.  Of particular note, the Court will introduce the experts at trial as selected by the Court and beholden to neither party.  The experts will describe the technology of each studied patent and testify about the substance of the expert’s report.  The parties will then be able to cross examine the expert.
  • The Court further bifurcated the trial proceedings.  A first trial, beginning June 11, 2012, will address liability issues related to Apple’s six patents.  The second trial, beginning immediately after the first, will address liability issues related to Motorola’s three patents.  While the two trials will be consecutively held, separate juries will be empaneled.    And both parties were required to take “consistent positions” in both trials regarding validity and infringement.