Earlier this month, US Judge Richard A. Posner was set on trashing the Apple-Motorola Mobility case regarding patent infringement as neither were able to prove damages resulting from the alleged patent infringement but last week changed his mind and set a trial for today.
Judge Posner is giving Apple a chance to prove Motorola’s guilt for the patent infringement, and if the court favors Apple, some Motorola devices would be banned from being sold in the US as well as give Apple the leg up in cross-licensing deals. Though this might seem like the court is on Apple’s side, it’s not. Motorola has an equal chance to prove that Apple’s claims aren’t true. Both parties have filed their arguments in a sealed document last Monday.
“Each party may argue that it would be entitled to injunctive relief as to its patent or patents were the other party found to have infringed,” said Posner in his order. “The parties may submit briefs, if they wish, no later than the close of business on Monday, June 18. The parties should be prepared to address the possibility of substitution for an injunction of an equitable decree for a reasonable royalty going forward. They should indicate any evidence in the existing record (for it is too late to supplement the record) bearing on the question of injunctive or other equitable relief. And if Motorola means to argue for injunctive relief it should be prepared to address the bearing of FRAND on the injunction analysis.”
It is no secret that Apple is set to annihilate Android, but Motorola was the first to draw blood when they sued Apple back in October of 2010 for patent infringement, which Apple answered with a counter-suit. Since then, Judge Posner issued a series of pretrial rulings that eliminated nearly all of Motorola’s patent claims against Apple, while maintaining more of Apple’s claims against Motorola.