Judge grants Apple's request for injunction hearing

The same judge that tentatively dismissed the Apple-Motorola patent trial will now hear Apple's case for an injunction against its rival.

The judge overseeing Apple and Motorola's patent lawsuit has decided to grant Apple's request for an injunction hearing, Foss Patents reported today.

U.S. Circuit Judge Richard A. Posner has set the hearing for the patent infringement case over patents related to 3G capabilities for Wednesday in Chicago. Poser decided to cancelthe case's jury trial last week because he didn't think either side was able to prove injury.

The judge's decision indicates that if Motorola wants to seek an injunction, it will need to "address the bearing of FRAND on the injunction analysis."

FRAND, which stands for "fair, reasonable, and non-discriminatory" terms, is a licensing obligation that ensures members of an industry follows a standard process for patents.

Foss Patents notes that Posner may be referring to outside discussion over the suit:

This could be a very interesting discussion. Judge Posner may already be aware of recent statements made by Members of Congress, the Federal Trade Commission and a variety of industry players and associations on the question of injunctive relief over standard-essential patents.
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