Last week, a U.S. Judge tentatively decided that a patent lawsuit filed by Apple against Motorola (News - Alert) Mobility, recently acquired by Google, should be dismissed with prejudice. However, the judge has now scheduled an injunction hearing on June 20.
Motorola Mobility is accused of violating six Apple patents for multi-touch display technologies in nine of its devices, including all handsets in its Droid line-up.
In an order released on Wednesday, Circuit Judge Richard A. Posner stated that each party may argue for injunctive relief against alleged patent infringement by the other.
“The parties should be prepared to address the possibility of substitute on for an injunction of an equitable decree for a reasonable royalty doing forward,” Posner said.
In granting an injunction against sales of the devices, Judge Posner stated he seeks a compromise and is not looking to cause harm potentially greater than the harm alleged in the lawsuit. If any infringement does exist, the judge believes it does not justify the derailing of a line of products or a business.
In response to Apple's (News - Alert) filings, Motorola has counter-sued Apple for patent infringement, alleging that the company had violated one of Motorola's FRAND (fair, reasonable and non-discriminatory) patents for cellular communications.
In a submission to the U.S. International Trade Commission, the Federal Trade Commission said it was concerned that a patent owner can make a FRAND commitment, and as a way of securing royalties that may be inconsistent with the FRAND commitment, seek an exclusion order for infringement of the patent.
Last month, a jury dismissed most claims by software maker Oracle (News - Alert) that Google ripped off patents and trademarks of its Java language in making its Android operating system, now the most popular OS in the world.
It may be that neither company will get injunctive relief.
Edited by Braden Becker