A U.S. Judge has decided to cancel a trial scheduled to start Monday, June 11, in a patent war between Apple and Motorola Mobility, recently acquired by Google. Circuit Judge Richard A. Posner is presiding over Apple's patent case against Motorola and Motorola Mobility in the U.S. District Court for the Northern District of Illinois, Eastern Division.

"I have tentatively decided that the case should be dismissed with prejudice because neither party can establish a right to relief," Judge Posner said in his order on Thursday, May 7. The judge added that he would delay entry of judgment for one week in order to prepare a full opinion in case he changes his mind in the course of the preparation. On Thursday, the judge only briefly sketched the grounds for his tentative view.

In previous rulings, Judge Posner has reduced the number of patents in the legal dispute. Apple has sued Motorola Mobility alleging infringement of four patents, but in a May 22 order, Posner said the company cannot prove damages claims on two of those patents - the '002 and '949. Motorola Mobility has countersued over one patent, while Apple is left with claims of infringement of the other two patents - the '263 and '647.

Evidence of Damages

"I tentatively conclude that its admissible evidence of damages with respect to those claims do not create a genuine issue of material fact enabling it to withstand Motorola's motion for summary judgment," said the judge. Posner added that he had tentatively concluded the admissible proof of damages regarding Apple's alleged infringement of Motorola's '898 patent "fails to create a genuine issue of material fact" as well.

The judge also said he could not find basis for injunctive relief, as it "would impose costs disproportionate to the harm to the patentee and the benefit of the alleged infringement to the alleged infringer and would be contrary to the public interest." Posner also denied Apple's right to declaratory relief as an alternative to injunctive relief.

Apple and Motorola are battling in other courts as well, including in Germany, over patent issues. Motorola Mobility is now under Google's wing, as the $12.5 million acquisition closed last month after receiving regulatory approvals from several countries, including China.

The case is Apple Inc et al v. Motorola Inc et al, U.S. District Court, Northern District of Illinois, No. 11-08540.