Apple’s Latest Litigation Litany Round 7: Apple and Moto get another shot


In a stunning turn of events, U.S. District Court judge Richard Posner reconsidered his earlier decision to dismiss the Apple v. Motorola case being heard in Chicago. The two sides will each have a chance to present their cases as to why they should be entitled to compensation or injuctive relief, but they must submit their briefs by Monday, June 18.

Not Entirely Unexpected
On Friday, June 8, when Posner initially dismissed the case, he left open the possibility of reopening it when he said he would “delay entry of judgment until I have prepared a full opinion, because in the course of that preparation, I may change my mind.” Posner could possibly have had his decision overturned on appeal, having denied a hearing request from Apple regarding this matter. Consequently, Posner’s decision to allow both sides to present their cases again may have been an attempt to mitigate this possibility.

Implications for Apple and Motorola
Neither side is guaranteed to achieve a different result this time around, especially if Posner’s decision to reopen the case was primarily to possibly head off a reversal on appeal. Furthermore, Posner warned both companies that their cases must hold up to scrutiny based on certain legal standards.

If either side fails to meet those standards, it will be unlikely to get a third chance. Also, both sides must be open to the possibility of royalty payments as opposed to injunctive relief, especially since Posner said on June 8 that injunctive relief would be “contrary to the public interest.” Stay tuned to Rootzwiki next week to find out about Posner’s ultimate decision on this case.

Apple’s Latest Litigation Litany Series
Round 1: Apple vs. HTC and Samsung
Round 2: The Android (vows to) Strike Back
Round 3: Return of the Moto (Update)
Round 4: Apple Tries to Block the Galaxy
Round 5: Apple and Samsung Agree to Disagree by June 12

Round 6: Apple Can’t Stop the Galaxy S III Launch
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