Apple's high-profile, high-stakes lawsuit against Google's Motorola Mobility unit reaches a critical point on Wednesday, June 20, as Apple will try to make its case at a crucial hearing in the ongoing smartphone patent infringement battle between the companies.
Federal Judge Richard Posner in Chicago, the judge overseeing the case, will hear Apple's reasoning as to why it should be allowed to seek an order blocking the sale of some Motorola phones. Implications go beyond that, however, as Posner's decision could have a significant impact on Apple's ability to negotiate favorable licensing agreements in its legal battles against Motorola and other rivals such as Samsung Electronics.
Apple has been fighting a global patent war since 2010, as part of its efforts to limit the rapid growth of Google's Android mobile OS, currently the world's most popular, best-selling mobile operating platform. Meanwhile, the iPhone maker's opponents argue that Apple is using its impressive patent portfolio in an aggressive manner in order to crush competition. Back in 2010, Motorola filed a suit against the Cupertino, California-based iPhone maker, in a move largely seen as preemptive. Apple fired back the same month, filing its own claims against Motorola.
Pretrial Rulings
In a series of pretrial rulings, Judge Posner tossed out nearly all of Motorola's patent claims against Apple, but allowed more of Apple's claims against Motorola. Needless to say, Apple had more to gain. The trial had been set to start last week, on June 11, but was canceled.
Judge Posner gave a tentative ruling earlier this month and canceled the trial, arguing that neither side could prove damages. An injunction would be "contrary to the public interest," the judge wrote at the time. Last week, however, Judge Posner granted Apple's request for a hearing on a potential injunction, ordering both sides to prepare their legal arguments and submit them in advance. These documents were filed under seal on Monday, June 18. Motorola may request an injunction as well, on the one patent that it can still assert against Apple in the case.
In his order on Wednesday, June 13, Posner said Motorola should be prepared to make its FRAND (fair, reasonable and non-discriminatory) argument in the injunction analysis if it wants to seek injunction relief. FRAND consists of slightly easier terms on which companies agree to license patents that are standard-essential.
If Apple manages to score a clear victory in one of the legal cases in the U.S., it could gain a stronger position in negotiating cross-licensing deal, where companies commit to allow each other to use their patented technologies. In another high-stakes case, Apple and Samsung are set for trial July 30 in San Jose, California federal court.
