Looks like this one's not over just yet. Last week, Judge Richard Posner tossed the trial in a case between Apple and Motorola after rejecting the damage arguments that both sides made. The decision was just a preliminary one, though, and it appears that the judge has now had a change of heart, opting to allow Apple's hearing for an injunction to happen. Scheduled to kick off on June 20 at 10 a.m. in Chicago, the hearing will allow both Apple and Motorola to voice their arguments as to why they believe they should get injunctive relief. Motorola may have just a bit more arguing to do, as Judge Posner notes in his order that if Motorola would like an injunction, it'll have to factor FRAND (fair, reasonable and non-discriminatory) licensing terms into its reasoning as its patent in play is a 3G-essential one.
It's definitely interesting to see Apple and Motorola given a chance to argue their cases after Judge Posner initially tossed the trial, but I'm sure that both companies don't mind the fact that they'll get to voice their opinions in front of the judge after all. Of course, it's not yet known whether Apple or Motorola will ultimately gain anything from the hearing, but the good news is that we don't have long to wait before it goes down. We'll definitely be keeping an eye on this one next week, so keep it locked here for more.
Via FOSS Patents
