The US district judge presiding over the lawsuit between Apple and Motorola has tentatively thrown out the case. The suit was set to go to trial earlier this week when Judge Richard A. Posner dismissed the case, claiming that neither side had established a right to relief.
"I have tentatively decided that the case should be dismissed with prejudice because neither party can establish a right to relief," Posner said in a court statement on Tuesday.
He also stated that only two of Apple's claims of patent infringement were admissible, and that was not enough to continue with their entire suit:
"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.
Apple had initially sued Motorola claiming that several of its devices including the Droid smartphone infringed on patents.
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