Apple Inc. (NASDAQ:AAPL) Gains Marginally In The Pre-Open Session

Apple Inc. (NASDAQ:AAPL) Gains Marginally In The Pre-Open Session

A U.S. judge has agreed to hear Apple Inc’s request for an injunction against the sale of some Motorola phones, giving the iPhone maker a chance to head off a damaging ruling in the smartphone patent wars. Last week Judge Richard Posner in Chicago canceled a trial between Google Inc.’s Motorola Mobility unit and Apple Inc, saying in a tentative ruling that neither could prove damages.

But in an order, Posner decided to let attorneys plead their case on an injunction before he makes a final decision. Motorola sued Apple in October 2010, a move that was widely seen as a preemptive strike against an imminent Apple lawsuit. Apple filed its own claims against Motorola the same month. Posner issued a series of pretrial rulings that eliminated nearly all of Motorola’s patent claims against Apple from the prospective trial, while maintaining more of Apple’s claims against Motorola.

In other news, yesterday, A Chinese court postpones its decision on Apple Inc’s appeal of a ruling denying its ownership of the iPad trademark in China to let the company pursue mediation with Proview Technology (Shenzhen) Co.

The Higher People’s Court of Guangdong won’t release a ruling on Apple’s Feb. 29 appeal so long as both parties continue talking, Zhao Le, a spokesman at the court’s foreign affairs office said in a phone interview today.

The case is important for the company as its revenue from China tripled to $7.9 billion last quarter, helped by surging demand for products including the iPad tablet computer. The company said that it acquired rights to the iPad trademark in China from Proview International Holdings Ltd. (334) in 2009. A lower court ruled last November the agreement was invalid because Proview’s Shenzhen-based unit owned the mark and wasn’t represented.

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