A Chicago judge on Thursday dismissed a patent case between Apple and Motorola because, he said, neither side could adequately "establish a right to relief."
As a result, a trial that was set to begin on Monday has been canceled. However, U.S. District Judge Richard Posner 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."
In his brief filing yesterday, however, Posner said Apple has already admitted that it cannot prove damages on two of the four patents it is using against Motorola. On the two remaining patents, Posner said yesterday that he does not think Apple will prevail.
Both companies think damages are an adequate remedy for the alleged infringements, "though they failed to present evidence on damages strong enough to withstand summary judgment," Posner wrote. Since "injunctive relief would impose costs disproportionate to the harm to the patentee and the benefit of the alleged infringement to the allowed infringer and would be contrary to the public interest, I cannot find a basis for an aware of injunctive relief," he said.
Apple requested a full evidentiary hearing on the matter, but Posner said the "existing evidentiary record is adequate."
Motorola did not immediately respond to a request for comment.
As patent blogger Florian Mueller noted, the case will likely now head to the Federal Circuit.
The decision comes several days after Posner dismissed one of two patents Motorola was trying to assert against Cupertino in the same case.