Judge Robert N. Scola had previously consolidated the two lawsuits. The decision to hear both separately is in reaction to the Leahy-Smith America Invents Act (AIA) that suggests that courts should stop the practice of suing multiple defendants as it encourages patent trolls.
The Apple versus HTC case will now transfer from Florida to Delaware.
The chief judge of the Delaware court is no fan of Apple’s litigation tactics, notes Foss Patents.
The transfer refers to six Apple patents and two former HP patents that HTC is asserting there against Apple.
Foss Patents claims that this is likely to benefit Motorola Mobility, who had initially accused Apple was trying to slow down the case by suing HTC in Florida.
Apple originally accused HTC of infringing 20 patents and filed a so-called Section 337 complaint, which alleged unfair importation practices. Apple claimed several of those same patents in a suit against Nokia, which the companies ultimately settled out of court. The case was the first of several in which Apple has attacked makers of devices using Google’s Android OS.
Tech companies have no claim to intellectual property according to judge Richard Posner, who is presiding over the Apple versus Motorola case.