Apple, Motorola Appeal U.S. Patent Case Dismissal

Just when you thought it was over, Apple and Motorola are going back for more. About a month after a Chicago judge dismissed the two firms' patent cases, both have filed appeals.

As Bloomberg noted, should the decision be reversed and proceed to trial, it would be the first between Apple and Google, which recently completed its purchase of Motorola Mobility.

The road to dismissal was a bit of a roller coaster. In early June, Judge Richard Posner dismissed the patent case between Apple and Motorola. Days later, however, he reversed course and said he would allow Apple to pursue an injunction against Motorola devices. But Apple did not present a strong enough case after all, and Judge Posner decided to end the case.

"Apple and Google subsidiary Motorola Mobility have both decided to appeal every single decision that Judge Posner made that wasn't in their favor. They leave no stone unturned," patent blogger Florian Mueller wrote in a blog post.

According to Mueller, Apple and Motorola have at least some chance of prevailing.

"The Federal Circuit reverses at least part of an appealed ruling in more than 40 percent of all cases," Mueller wrote, so "it would be a statistical anomaly if each and every one of Judge Posner's decisions was affirmed."

Apple and Motorola are not at a loss for patent fights in the U.S., however. Just last week, a ban on Motorola devices in the U.S. went into effect thanks to a ruling from the International Trade Commission (ITC). Motorola, however, said it had "taken proactive measures" to avoid a ban on its Android-based devices, but did not elaborate.

Across the pond, a D?sseldorf court last week dismissed Apple's request for a ban on the Motorola Xoom in Germany. But the court also declined to rule that Apple's community design rights for the iPad were invalid.

For more from Chloe, follow her on Twitter @ChloeAlbanesius.

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Source: http://www.pcmag.com/article2/0,2817,2407484,00.asp?kc=PCRSS05039TX1K0000762

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