Apple and Google will be battling in court today as part of a crucial hearing in the patent wars. Federal Judge Richard Posner in Chicago will be hearing Apple’s side of the story on why they should be able to seek an order that bars the sale of some Motorola phones. The decision that Posner makes could affect Apple’s ability to negotiate favorable licensing agreements in their legal fight against Motorola and Samsung. Motorola sued Apple in October 2010 and Apple filed their own claims against Motorola in the same month. Posner issued a series of pretrial rulings that had eliminated almost all of Motorola’s patent claims against Apple, but maintained more of Apple’s claims against Motorola. As a result, Apple had more to gain at the trial.
Earlier this month Posner cancelled the trial and said in a tentative ruling that neither side could prove damages. An injunction would be “contrary to the public interest,” said Posner. Last week Judge Posner granted Apple’s request for a hearing on a possible injunction. These documents were filed under seal this past Monday. Motorola may ask for an injunction on the one patent in the case that they can still assert against Apple.
This case is under the U.S. District Court, Northern District of Illinois as Apple Inc and NeXT Software Inc v. Motorola Inc and Motorola Mobility Inc, 11-cv-8540.