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Apple, Google’s Motorola Unit Each Appeal Patent Rulings

Apple Inc. and Google Inc.’s Motorola Mobility unit filed separate appeals of a federal judge’s June 22 order dismissing their mutual patent-infringement claims.

U.S. Circuit Judge Richard A. Posner threw out the companies’ claims about two weeks after he rejected each mobile-phone maker’s damages theories and canceled a jury trial that had been set for June 11 in federal court in Chicago. The appeal notices, which also involved earlier rulings, were filed there today.

That trial would have been the first between Apple, the maker of the iPhone, and Google, creator of the Android smart phone operating system, since the Mountain View, California-based company completed its $12.5 billion acquisition of Motorola Mobility in May.

Motorola was pressing a claim that Cupertino, California-based Apple infringed a cellular technology patent, while Apple accused Motorola of violating four patents.

After rejecting each companies’ theories on damages, Posner agreed to hear arguments on whether either company was entitled to injunctive relief.

“Neither party is entitled to an injunction,” Posner said in a 38-page ruling on June 22. “Neither has shown that damages would not be an adequate remedy.”

Because he had determined their damages theories were unsound, the case was over, he said.

The case is Apple Inc. v. Motorola Mobility Inc., 11-cv-08540, U.S. District Court, Northern District of Illinois (Chicago).

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