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Apple, Motorola patent face-off reset after tentative dismissal

June 14, 2012|By Salvador Rodriguez
  • A hearing in the patent infringement case between Apple and Motorola has been scheduled for Wednesday.
A hearing in the patent infringement case between Apple and Motorola has… (David Paul Morris / Bloomberg )

A patent infringement case between Apple and Motorola that was tentatively dismissed last week has been brought back by its judge, who has scheduled a hearing for June 20.

An announcement that U.S. District Judge Richard Posner had brought the case back and scheduled a hearing for it was filed Wednesday and made public Thursday.

Posner's reversal comes after last week's decision to throw the case out on a tentative bases, saying neither Apple nor Motorola had successfully provided an argument that supported the rewarding of damages. Posner also said an injunction against either company would have been contrary to the public interest.

But now Posner has granted Apple an injunction hearing, without really saying why he decided to change his mind.

Instead, Posner just says the hearing will be an opportunity for both parties to argue why they are entitled to injunctive relief. Posner also says that the two companies should be prepared for the possibility that no injunction will be given but rather reasonable royalties may be decreed, according to Posner's statement on Foss Patents.

The case dates to 2010 when Apple sued Motorola, alleging it was infringing four of its patents. Motorola countersued, alleging Apple infringements.

Neither company could be reached for comment.

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