Apple-Motorola Judge Questions Need for Software Patents

Late last month, federal judge Richard Posner threw out one of the major U.S. cases in the ongoing patent battle between Apple and Motorola, and Reuters today publishes an interesting interview with Posner in which he discusses his view that patents have become too widely used and suggests that there may not be a need for software patents at all.

Noting his belief that software and other industries do not require the same level of patent protection as industries like pharmaceuticals where hundreds of millions of dollars are spent to develop a single protected product, Posner indicates individual software advances require much less economic investment and much of the benefit is gained simply by being first to market.

"It's not clear that we really need patents in most industries," he said.

Also, devices like smartphones have thousands of component features, and they all receive legal protection.

"You just have this proliferation of patents," Posner said. "It's a problem."

In Posner's ruling last month, he noted that Apple's patent on smooth operation of streaming video was in no way a monopoly on all streaming video and that barring an entire product over a single feature would be harmful to consumers. Posner also ruled against Motorola in its efforts to ban the iPhone over standards-essential patents that were to be licensed under fair, reasonable and non-discriminatory (FRAND) terms.

iphone slide to unlock
Apple is of course involved in intellectual property disputes with a number of companies, with the cases including both software patents and design rights. Just this week, a ban on U.S. sales of the Samsung Galaxy Tab 10.1 and Galaxy Nexus went into effect as Apple won preliminary injunctions, but the company also experienced setbacks in its battle with HTC in recent days. In those cases, both the U.S. International Trade Commission and a UK court ruled in HTC's favor, with the UK judge ruling that several of Apple's patents including one covering the "slide-to-unlock" feature are invalid in that country.

Popular Stories

Apple Shopping Event 2025

Apple Announces 2025 Black Friday Event, Here's What You Can Get

Thursday November 20, 2025 6:28 am PST by
Apple's annual four-day Black Friday through Cyber Monday shopping event is returning on Friday, November 28 through Monday, December 1 in many countries, including the United States, Canada, Australia, New Zealand, France, Germany, Italy, Spain, the United Kingdom, Belgium, the Netherlands, Sweden, Thailand, and others. During the shopping event, customers can get an Apple gift card with...
iOS 26

iOS 26.2 Adds These New Features to Your iPhone

Thursday November 20, 2025 10:50 am PST by
iOS 26.2 is currently in beta testing. The upcoming update includes a handful of new features and changes on the iPhone, including a new Liquid Glass slider for the Lock Screen's clock, offline lyrics for Apple Music, and more. In a recent press release, Apple confirmed that iOS 26.2 will be released to all users in December, but it did not provide a specific release date. Keep reading...
hikawa phone grip stand apple%402x

Apple Launches Second Limited-Edition iPhone Accessory in a Month

Friday November 21, 2025 3:53 am PST by
Apple has begun selling the Hikawa Phone Grip and Stand, a new limited-edition iPhone accessory designed with accessibility in mind. Designed by LA-based Bailey Hikawa to celebrate the 40th anniversary of accessibility at Apple, the grip uses magnets to securely snap onto any iPhone with MagSafe. Apple says it can be removed with ease, and doubles as a stand with two different viewing...
iPhone 17 Pro Cosmic Orange

10 Reasons to Wait for Next Year's iPhone 18 Pro

Wednesday November 19, 2025 4:00 am PST by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models at the same time, which is why we often get rumored features months ahead of launch. The iPhone 18 series is no different, and we already have a good idea of what to expect for the iPhone 18 Pro and iPhone 18 Pro Max. One thing worth...
ipad black friday 2025

The Best Early Black Friday iPad Deals

Thursday November 20, 2025 10:20 am PST by
Black Friday is just over a week away, and iPad deals have finally started to flood in at retailers like Amazon and Best Buy. Below we're tracking discounts on every current generation iPad, including lowest-ever prices on M3 iPad Air and M5 iPad Pro, plus steep markdowns on iPad and iPad mini. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and make a ...
ipad mini 7 feature red and blue

iPad Mini 8: Four Major New Features to Expect

Wednesday November 19, 2025 7:50 am PST by
Apple's eighth-generation iPad mini is highly likely to arrive next year, offering a significant refresh of the device with at least four major new features. OLED Display The next-generation version of the iPad mini could feature an OLED display, as part of Apple's plan to expand the display technology across many more of its devices. Apple's first OLED device was the Apple Watch in 2015, ...
watchos 26 workout app

Apple Watch Users Claim Workout App Is Now Worse in Every Way

Thursday November 20, 2025 7:01 am PST by
Apple Watch owners have been voicing their frustration online over changes to the Workout app that Apple introduced in watchOS 26, with many finding the redesigned interface makes starting exercises difficult and exasperating. When Apple launched watchOS 26 in September, the Workout app went from large, easily tapped workout tiles to a scrolling, corner-button interface. Instead of tapping a ...
apple wallet drivers license feature iPhone 15 pro

Two More U.S. States Commit to Offering iPhone Driver's Licenses in Apple Wallet App

Thursday November 20, 2025 8:21 am PST by
In select U.S. states, residents can add their driver's license or state ID to the Apple Wallet app on the iPhone and Apple Watch, and then use it to display proof of identity or age at select airports and businesses, and in select apps. Earlier this week, Illinois became the 13th state in the U.S. to offer the feature. Subsequently, we shared a list of additional states that are committed...
android iphone airdrop quickshare

iPhone Users Can Now AirDrop Files to Android Devices

Thursday November 20, 2025 9:47 am PST by
Google today announced a new cross-platform feature that allows for file sharing between iPhone and Android users. With AirDrop on the iPhone and QuickShare on Pixel 10 devices, there is a new file transfer function available. The file sharing option works on Apple devices that include iPhone, iPad, and Mac, along with the Pixel 10, Pixel 10 Pro, Pixel 10 Pro XL, and Pixel 10 Fold....

Top Rated Comments

highlnd Avatar
175 months ago
for those thinking

deregulate software sure...

patents are evil only big pharma can have them

no one dies if software messes up

unless your software is running;

trafficlights
bank transfers
airplane autopilots
missile defense systems
lazer satellites
drones flying over the usa
machines that go Ping!

I think you are confusing patents with safety regulations.
Score: 39 Votes (Like | Disagree)
iRCL Avatar
175 months ago
Agree 100%
Score: 33 Votes (Like | Disagree)
The Mercurian Avatar
175 months ago
At last someone speaking some sense.
Score: 30 Votes (Like | Disagree)
semitry Avatar
175 months ago

If we do away with Intellectual Property Patents i think we can agree that the motivation for innovation will be greatly hindered.

Not with software patents. Can you imagine the innovation that would have been lost if quicksort or merg sort was patented? Or if Oracle was able to patent 'rangeCheck'?
Score: 14 Votes (Like | Disagree)
sishaw Avatar
175 months ago
Is it just me or is this judge straying into Judicial Activism with this kind of pontificating?

I mean the question at hand was not "Are intellectual patents a good idea in this industry or not?", but more like "Is this particular patent being infringed upon?".

If we do away with Intellectual Property Patents i think we can agree that the motivation for innovation will be greatly hindered.

There are a lot of people that think software code would be adequately protected by some sort of copyright rather than patent.
Score: 11 Votes (Like | Disagree)
NachoGrande Avatar
175 months ago
They are killing progression in most software markets. The worst part is most people don't even know a patent exists until after they spend millions on development only to have it blocked in the end.

I can understand broad software ideas, but to put a patent on a sliding button, multi-touch etc.. is just too far reaching and only large companies can afford the patent attorneys.


They are not used for good in the software industry they are only used to harm.
Score: 10 Votes (Like | Disagree)