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Wednesday, June 20, 2012, 06:28 am PT (09:28 am ET)

Apple attempting to salvage lawsuit against Motorola

Attorneys for Apple will appear in a Chicago court today in an effort to keep a patent infringement lawsuit against Google's Motorola Mobility alive.

Apple still hopes it can win an order to bar sales of some of Motorola's phones. The company will make its case in front of Federal Judge Richard Posner today, according to Reuters.

Posner originally canceled Apple's patent infringement trial against Motorola earlier this month after he concluded that Apple had not been able to prove any injury. But the judge gave Apple a second chance last week, awarding the company the injunction hearing set to take place today.

Pretrial rulings by Posner eliminated nearly all of Motorola's claims of patent infringement against Apple. But more of Apple's own allegations against Motorola remained in the suit.

Posner's decision is viewed as important for Apple, because it could set the stage for the company to negotiate favorable licensing agreements with Motorola and other Android-based smartphone makers.

Google


Both Motorola and Apple were required by Posner to submit their legal arguments in advance, under seal, on Monday, ahead of Wednesday's hearing before the judge.

The patent infringement claims between Apple and Motorola began in court before the company was acquired by Android maker Google last year for $12.5 billion. That deal became finalized last month, officially putting Google in the smartphone hardware business.

However, Google plans to operate its acquisition as a separate business that will remain a licensee of Android. That's in an attempt to placate Google's Android partners, like Samsung and HTC, by not giving Motorola an unfair advantage.

The courtroom showdown in Motorola will be a precursor to Apple's legal battle with Samsung, set to start on July 30 in San Jose, Calif. The two companies were ordered by a judge to engage in settlement talks before the trial officially begins, but they could not reach an agreement in those talks held in San Francisco in late May.