Apple patent lawsuit against Google revived by U.S. appeals court

[Christian de Looper]

Today the U.S. appeals court revived a patent lawsuit against Motorola Mobility which had been dismissed shortly before the trial began, allowing Apple to seek another sales band against the company. A patent claim that Motorola made against Apple was also revived, however Motorola will not be able to seek a sales band on Apple.

Despite a number of patent wars with different companies, Apple has yet to win a crippling injunction against a smartphone company while seeking a sales ban.


In these lawsuits, the court will be hearing a case by Apple who are accusing Motorola Mobility of infringing on one patent, while Motorola Mobility is accusing Apple of infringing on 3 patents. Both lawsuits were dismissed before trial in 2012 due to the companies not having enough evidence.

Judge Richard Posner also ruled that an injunction banning the sale of Motorola phones would harm consumers. It was also ruled that even if Motorola did infringe on a patent, Apple could not sue because they could not prove that the infringement harmed them.

While the court affirmed the lower courts decisions on two Motorola patents, just like in the case of the Apple patent, it disagreed that Motorola would not be entitled to any damages.

Since the trial has begin Google has sold Motorola Mobility to Lenovo, but they kept many of the patents. It is unclear whether or not Lenovo will assume liability in the trial or not.


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