Judge Gives Apple and Motorola Second Chance to Plead Their Cases


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Jan 12, 2012
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Last week we heard that the U.S. patent suit between Apple and Motorola was tentatively thrown out by Judge Posner pending he didn't change his mind before his final ruling. As it turns out, Judge Posner has agreed to hear both companies cases one last time before giving his official ruling. The move comes at the request of Apple, and will give both companies a second chance to try and convince the judge that they deserve injunctive relief. The hearing is set for Wednesday June 20th and we'll let you know as soon as we the results surface. Check out the judges official statement below.

"I have decided to grant Apple's request, made at the June 7 hearing, for 'a hearing at which the parties could attempt to satisfy the eBay factors and do a traditional injunction hearing.' The hearing will be held next Wednesday, June 20, in a courtroom, to be announced, of the Dirksen Federal Courthouse, at 10 a.m. 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. 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."

Source: Phone Arena
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