Friday, 15 June 2012

Judge Posner Changes Mind, Orders Injunction Hearing

In his preliminary order dismissing the Apple v. Motorola patent case, Judge Richard A. Posner cautioned that he might change his mind before issuing a final decision.  Now he apparently has, although the change does not necessarily reverse his view that a right to damages or injunctive relief is an essential element of a patentee's infringement claim.  On June 13, Posner issued a one-paragraph order requiring the parties to appear on June 20 for an evidentiary "eBay" hearing where "[e]ach party may argue that it would be entitled to injunctive relief as to its patent or patents were the other party found to have infringed."  Stay tuned for more twists and turns in this case.

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