It seems Apple will have an uphill battle convincing Judge Richard Posner that it should be granted an injunction against Google Inc.'s Motorola Mobility unit. The injunction hearing was the latest battle in the bitter patent litigation between the two technology giants.
As we previously reported on this IP law blog, Posner tentatively canceled the upcoming trial between the two companies, finding neither side could prove damages. However, Posner did decide to allow Apple to argue for the injunction.
At the hearing, Posner again voiced strong opinions. As reported by Reuters, he called the U.S. patent system "chaos" and said an order barring the sale of Motorola phones could have "catastrophic effects."
During the hearing, attorneys for Apple clarified that the iPhone maker is not seeking an order barring the sale of Motorola phones. Rather, it would be happy with an injunction requiring Motorola to remove Apple's patented technology from its phones within three months.
Posner, however, indicated that he might be more inclined to order Motorola to pay Apple a compulsory royalty. Requiring Motorola to use inferior technology, as opposed to paying a fee, would harm consumers, he said. Posner also noted that Apple’s proposed solution would allow the company to return to court in three months and reassert infringement claims.
"That's all we need is new actions, new suits, because there's not enough litigation worldwide between Apple and Android," Posner said.
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