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Here we go again: Apple gets second bite in ITC Moto patent spat

Appeals court says commission was wrong about Moto's innocence

A US appeals court has overturned an International Trade Commission decision that invalidated one Apple patent brought against Motorola – and decided that Moto didn't infringe on another.

The ITC decided last year that the phone firm was off the hook on the two patents, but the appeals court ruled that it erred in its decision and has referred the case back to the commission to be reviewed under different legal standards.

Neither Apple nor Motorola had responded to requests for comment at the time of publication, but Moto told The Register that the decision will allow the ITC to find that the rest of Apple's claims are invalid as well.

"Meanwhile, we'll stay focused on delivering great new phones that people love," it snarked.

Apple has been locked in its Great Patent War with Android since the Google-owned operating system came on the mobile scene, but traditionally preferred to attack its rival through Android hardware partners like Motorola and HTC.

The fruity firm now finds itself directly in contention with the Chocolate Factory in its Moto cases, since they merged to form Googorola, when Mountain View paid $12.5bn to acquire the phone-maker.

The company is still run separately from Google, but has a bit more weight behind it now that it has phalanx upon phalanx of Google lawyers to battle the battalions of Apple litigators. ®

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