Apple-Motorola Judge Questions Need for Software Patents - MacRumorsOpen MenuShow RoundupsShow Forums menuVisit ForumsOpen Sidebar
Skip to Content

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

Home Hub Command Center with Dome Base Feature

Apple Smart Home Hub to Feature iMac G4-Style Design

Wednesday September 30, 2026 4:36 am PDT by
Apple's long-rumored smart home hub will have an iMac G4-style design and a host of unique features, Bloomberg's Mark Gurman reports. The smart home hub is said to feature a square 6-inch display, with variants that can be placed on a countertop or mounted on a wall. It features a single FaceTime camera on the front, with microphones and speakers in its connected base. Gurman described the...
HomePod minis on gradient feature 1 1

Three New Apple Smart Home Products Coming on October 13

Wednesday September 30, 2026 4:04 am PDT by
Apple plans to introduce a series of new smart home products on Tuesday, October 13, according to Bloomberg's Mark Gurman. Apple reportedly plans to debut its long-awaited smart home hub device, a new HomePod mini, and a new Apple TV on the date. The new HomePod mini and Apple TV are set to retain their existing designs, but tout faster chips to support Siri AI. The new HomePod mini will...
Apple TV Sans Remote Feature

New Apple TV 4K Leaked

Friday September 25, 2026 8:16 am PDT by
MacRumors contributor Aaron Perris has uncovered an image file from Apple for an unreleased Apple TV 4K, suggesting that a new model will finally be released soon. The image is specifically for an "Apple TV 4K (4th generation)" model. Apple TV 4K (4th generation) image (on a gradient) The image reveals that the Apple TV will have the same external design as the current model, with all of its...

Top Rated Comments

186 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)
186 months ago
Agree 100%
Score: 33 Votes (Like | Disagree)
186 months ago
At last someone speaking some sense.
Score: 30 Votes (Like | Disagree)
186 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
186 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)
186 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)
Latest Stories
Apple's All-New Home Hub Rumored to Launch in These Four Colors
Apple's All-New Home Hub Rumored to Launch in These Four Colors
26 minutes ago
iPhone 18 Pro Aperture Control Goes Fully Manual in Halide 3.2
iPhone 18 Pro Aperture Control Goes Fully Manual in Halide 3.2
2 hours ago
Apple Stores Receive 'Do Not Open' Boxes Ahead of Smart Home Products Launch
Apple Stores Receive 'Do Not Open' Boxes Ahead of Smart Home Products Launch
2 hours ago
iPhone 18 Pro Sales Jump in China Ahead of iPhone Duo Launch
iPhone 18 Pro Sales Jump in China Ahead of iPhone Duo Launch
3 hours ago
Apple TV Still Down for Some Users Following Apple Services Outage
Apple TV Still Down for Some Users Following Apple Services Outage
3 hours ago
PSA: Apple Mail on Mac May Stop Syncing Microsoft 365 Accounts Today
PSA: Apple Mail on Mac May Stop Syncing Microsoft 365 Accounts Today
4 hours ago
Apple's Smart Home Hub: Everything We Know So Far
Apple's Smart Home Hub: Everything We Know So Far
14 hours ago
Apple's Home Hub Borrows From the iPhone Duo's StandBy Mode
Apple's Home Hub Borrows From the iPhone Duo's StandBy Mode
15 hours ago
Apple Invites App Updated With Three New Features
Apple Invites App Updated With Three New Features
19 hours ago
Apple Event on October 13?
Apple Event on October 13?
20 hours ago
Apple Watch SE 3 vs. Series 12 Buyer's Guide: Which Should You Buy?
Apple Watch SE 3 vs. Series 12 Buyer's Guide: Which Should You Buy?
22 hours ago
iPad Mini 8 to Offer These 10 New Features
iPad Mini 8 to Offer These 10 New Features
22 hours ago
DoorDash Unveils AI Food Ordering Through Apple's Messages App
DoorDash Unveils AI Food Ordering Through Apple's Messages App
1 day ago
Amazon Takes Up to $150 Off Select M5 MacBook Air Models
Amazon Takes Up to $150 Off Select M5 MacBook Air Models
1 day ago
Apple Still Plans to Release a New Full-Sized HomePod
Apple Still Plans to Release a New Full-Sized HomePod
1 day ago
Apple Working to Expand HomeKit
Apple Working to Expand HomeKit
1 day ago
Apple Smart Home Hub to Feature iMac G4-Style Design
Apple Smart Home Hub to Feature iMac G4-Style Design
1 day ago
Three New Apple Smart Home Products Coming on October 13
Three New Apple Smart Home Products Coming on October 13
1 day ago
Apple Pay Now Available in India With Axis Bank Cards
Apple Pay Now Available in India With Axis Bank Cards
2 days ago
OpenAI Launches Always-On 'Dots' Agents to Rival Meta's Muse
OpenAI Launches Always-On 'Dots' Agents to Rival Meta's Muse
2 days ago
AirPods 5 Teardown: Batteries Removable, Case Still Tough
AirPods 5 Teardown: Batteries Removable, Case Still Tough
2 days ago
iPhone 18 Pro Owners Complain of Speaker Crackling or Popping
iPhone 18 Pro Owners Complain of Speaker Crackling or Popping
2 days ago
You Can 'Get Ready' for iPhone Duo Pre-Orders on October 12
You Can 'Get Ready' for iPhone Duo Pre-Orders on October 12
2 days ago
Apple Pay Reportedly Launching in India Today
Apple Pay Reportedly Launching in India Today
2 days ago
Apple Releases New AirPods Beta Firmware
Apple Releases New AirPods Beta Firmware
2 days ago
Apple Shares New Guide for Using iOS 27 Parental Controls
Apple Shares New Guide for Using iOS 27 Parental Controls
2 days ago
Apple Creator Studio and Final Cut Camera Get New Features
Apple Creator Studio and Final Cut Camera Get New Features
2 days ago
Apple Explains Why It Removed ICE Tracking Apps Last Year
Apple Explains Why It Removed ICE Tracking Apps Last Year
2 days ago
Amazon Expands $779.99 Apple Watch Ultra 4 Deal to More Models
Amazon Expands $779.99 Apple Watch Ultra 4 Deal to More Models
2 days ago
Switch Siri AI for ChatGPT on Your Mac
Switch Siri AI for ChatGPT on Your Mac
2 days ago

🔗 Related Apple News & Rumors

Stay updated with the latest Apple ecosystem news and verified rumors