Stefan Mileschin

Apple had a crack at stopping its dead CEO, Steve Jobs, from putting his foot in it during a court case against Motorola Mobility.

Jobs' Mob is scheduled for a high profile patent trial in a Chicago federal court against Motorola Mobility later this month.

Before he croaked, Jobs had discussed Apple's patent litigation with biographer Walter Isaacson.

He gave such quotes like: "Our lawsuit is saying, 'Google, you f****** ripped off the iPhone, wholesale ripped us off... it is Grand Theft... I'm willing to go to thermonuclear war on this."

Apple wanted to keep the comments out of the court room because they showed that Jobs had it in for Google and Motorola and the patent cases were more to do with spite rather than a real legal decision.

Chicago federal judge Richard Posner rejected Apple's request without explanation.

According to Reuters, he also got a bit miffed at an Apple motion that the jury must be stacked with Apple fanboys.

Posner forbade Apple from arguing that jurors should be predisposed to favour Apple over Motorola if they like Apple products, or admire Steve Jobs.

He said that Apple will not be allowed to insinuate to the jury that this case is a popularity contest between two competing products.

Looks like it will be a tough case in Chicago, if Apple is not allowed to stack a jury and prevent evidence that Jobs mounted a petty and spiteful campaign against Android.

http://news.techeye.net/mobile/judge...are-evidential