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?A US Judge has announced that he is minded to dismiss a patent lawsuit between Apple and Motorola Mobility as neither side had established a right to relief. The trial, which was due to start on Monday has been cancelled.
The Circuit Judge for the Northern District of Illinois, Richard A. Posner wrote that "I have tentatively decided that the case should be dismissed with prejudice because neither party can establish a right to relief," he said in an order on Thursday.
He has however to make a formal ruling, which should be announced late next week, and he reserved the right to change his mind when reviewing the papers while writing the final opinion in the case.
His decision follows Apple's acceptance a couple of weeks ago that it cannot prove any damages from the claimed infringements of two of the four patents it was asserting. The Judge wrote that he is also minded to dismiss in the case of the other two patents as well.
"I tentatively conclude that its admissible evidence of damages with respect to those claims do not create a genuine issue of material fact enabling it to withstand Motorola's motion for summary judgment," he added.
The case is Apple Inc et al v. Motorola Inc et al, U.S. District Court, Northern District of Illinois, No. 11-08540.
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Tags: [apple]? [motorola mobility]? [USA]?
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