A federal judge has canceled an upcoming jury trial in a pending patent infringement lawsuit between Apple and Motorola in the Northern District of Illinois. Though a jury won't hear argument concerning monetary damages, the judge has yet to rule on whether or not Apple is entitled to injunctive relief.
After getting both parties to significantly pare down the list of patents in the suit, Judge Richard Posner rejected arguments from both Apple and Motorola that either company is entitled to damages related to alleged patent infringement (Apple has four patents remaining, while Motorola has a lone FRAND-encumbered patent in play.) On that basis, he canceled the jury trial since a jury is required to hear the case to award damages. Without any chance of awarding damages, there is no need for a jury.
Still, Apple has requested that Judge Posner rule whether or not injunctive relief was warranted.
"The parties would benefit enormously from the clarity that only a verdict can provide," Apple noted in its brief filed before oral arguments on Thursday. "No other court is as close to reaching a decision on these issues between Motorola and Apple, and a determination regarding liability would greatly aid the parties in bringing their dispute to a resolution."
Judge Posner will consider the injunctive relief question and enter a written order at a later date. If he decides that an injunction is a possibility, a bench trial could still take place.
Meanwhile, Motorola (and by dint of ownership, Google) isn't likely to gain an injunction from its lone 3G-related patent. While the International Trade Commission is weighing on a similar complaint between Apple and Motorola, the Federal Trade Commission today advised the agency to not issue exclusionary orders based on infringement of standards-essential patents.
reader comments
45