A patent infringement case between Apple (NASDAQ:AAPL) and Google’s (NASDAQ:GOOG) Motorola Mobility that was tentatively dismissed last week has been revived by the judge, with a hearing now scheduled for June 20. US judge Richard Posner, who had cancelled the June 11 trial between the two after ruling that neither side had proven damages, decided to give Apple a reprieve.
Posner said in a new statement that the hearing will be an opportunity for both parties to explain why they are entitled to injunctive relief. “The parties should be prepared to address the possibility of substitution for an injunction of an equitable decree for a reasonable royalty going forward,” Posner said in the one-page ruling, according to FOSS Patents.
Posner is ruling over Apple’s patent lawsuit against Motorola in the U.S. District Court for the Northern District of Illinois, a trial court.
At a pretrial conference last week, the judge told lawyers for the two companies that he was rejecting their respective expert witness reports on damages. “I have tentatively decided that the case should be dismissed with prejudice because neither party can establish a right to relief,” Posner said in a written order on June 7. “I may change my mind,” he had added. He seems to have done just that.
The case has Apple claiming that some Motorola Mobility products, including its Android phones and Xoom tablet computers, infringe four of its patents. In turn, Motorola has contended that Apple infringes one of its cellular communications patents. The two have been arguing over several patents in multiple countries.
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