Judge Richard Posner, a United States District Court for the Northern District of Illinois, has decided to grant Apple an injunction hearing against Motorola (and vice-versa) after all, reports FOSS Patents.
Last week he had tentatively decided to dismiss the matter. "I have tentatively decided that the case should be dismissed with prejudice because neither party can establish a right to relief," Posner said in a two-page written order, adding that he would delay entering final judgment until he writes a lengthier decision. "I may change my mind."
It appears that he did change his mind, according to a new court order.
"I have decided to grant Apple's request, made at the June 7 hearing, for 'a hearing at which the parties could attempt to satisfy the eBay factors and do a traditional injunction hearing.' The hearing will be held next Wednesday, June 20, in a courtroom, to be announced, of the Dirksen Federal Courthouse, at 10 a.m. Each party may argue that it would be entitled to injunctive relief as to its patent or patents were the other party found to have infringed. The parties may submit briefs, if they wish, no later than the close of business on Monday, June 18. The parties should be prepared to address the possibility of substitution for an injunction of an equitable decree for a reasonable royalty going forward. They should indicate any evidence in the existing record (for it is too late to supplement the record) bearing on the question of injunctive or other equitable relief. And if Motorola means to argue for injunctive relief it should be prepared to address the bearing of FRAND on the injunction analysis."
The hearing will take place next Wednesday at 10 AM local Chicago time.
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Last week he had tentatively decided to dismiss the matter. "I have tentatively decided that the case should be dismissed with prejudice because neither party can establish a right to relief," Posner said in a two-page written order, adding that he would delay entering final judgment until he writes a lengthier decision. "I may change my mind."
It appears that he did change his mind, according to a new court order.
"I have decided to grant Apple's request, made at the June 7 hearing, for 'a hearing at which the parties could attempt to satisfy the eBay factors and do a traditional injunction hearing.' The hearing will be held next Wednesday, June 20, in a courtroom, to be announced, of the Dirksen Federal Courthouse, at 10 a.m. Each party may argue that it would be entitled to injunctive relief as to its patent or patents were the other party found to have infringed. The parties may submit briefs, if they wish, no later than the close of business on Monday, June 18. The parties should be prepared to address the possibility of substitution for an injunction of an equitable decree for a reasonable royalty going forward. They should indicate any evidence in the existing record (for it is too late to supplement the record) bearing on the question of injunctive or other equitable relief. And if Motorola means to argue for injunctive relief it should be prepared to address the bearing of FRAND on the injunction analysis."
The hearing will take place next Wednesday at 10 AM local Chicago time.
Read More