Posner resurrects Apple v. Motorola patent battle
updated 06:42 pm EDT, Thu June 14, 2012
No new evidence allowed in June 20 hearing
Illinois Seventh Circuit Judge Richard Posner, handling the once-cancelled Apple versus Motorola case has scheduled a June 20 hearing for the two tech giants to resume the legal skirmish. Apple requested this "traditional injunction hearing" on June 7, the same day the judge cancelled the jury trial. Each party is entitled to claim injunctive relief in the hearing, but no additional evidence introduction by Apple or Motorola is being allowed.
Pre-hearing briefs are expected by the court before close of business on June 18. Both Apple and Motorola are expected to address the possibility of royalty payments rather than product injunction. Motorola has an additional requirement during the hearing, and is required to be able to explain how Motorola's alleged failure to provide fair, reasonable, and non-discriminatory (FRAND) patent license negotiations bears on the injunction analysis.
Analyst Florian Mueller raises the possibility that Judge Posner is aware of recent statements made in support of Apple and Microsoft in regards to some of Motorola's other patents being used against the iPhone line and the Xbox 360. The hearing will address both patents that Apple holds and are being asserted against Motorola, and vice versa.
This Motorola versus Apple case began in 2011, with Motorola claiming infringement of six patents against Apple's iOS ecosystem, and a simultaenous countersuit of 16 patents Apple said violated by Motorola's smartphones. After judicial order, Apple is left with four patents it is asserting, and Motorola holds one. Since the trial process began, Motorola became a fully-owned subsidiary of Google and with the acquisition came all of Motorola's patents and ongoing international legal battles.
12-06-13 Order Granting Apple-Motorola Injunction Hearing
