Google Brings New Ammunition to Apple Battle

Google (NASDAQ:GOOG) has submitted an appeal with the Court of Appeals for the Federal Circuit, in response to dismissal of a patent suit against Apple (NASDAQ:AAPL), where a judge dismissed arguments from both parties.

The case stems from a ruling in June 2012, when Judge Richard Posner ordered the dismissal with prejudice of a lawsuit in which Apple was asserting four patents (out of 15 originally asserted ones) and Google’s Motorola was suing over one patent (out of six). Both companies filed appeals, and Google’s recently filed appeal deals with the FRAND (Fair, Reasonable, And Non-Discriminatory) aspects of the case.

Google is claiming in its newly filed appeal that Judge Posner made several mistakes when he “categorically” barred injunctive relief for infringement of claimed standards essential patents (SEPs), including a failure “to apply the four-factor eBay test to evaluate Motorola’s claim for injunctive relief.” The jurist effectively banned injunctive relief based on FRAND-committed patents, instead saying that only monetary damages could be sought unless a scenario arose in which Apple refused to pay royalties, AppleInsider is reporting.

Google purchased Motorola last year not so much for its mobile assets, but more for the extensive patent portfolio that Motorola boasts…