Federal Judge Richard Posner in Chicago spiked an attempt by Apple to block the sale of some Motorola phones because it was not "in the public interest".
However, Posner is aware that if he does not let Apple have its say in some forum, his decision could be open to an appeal. Apple is keen to have the decision overturned because it would affect its ability to negotiate favourable licensing agreements in other legal fights against Motorola and Samsung.
Posner issued a series of pretrial rulings that removed most of Motorola's patent claims against Apple while maintaining more of Apple's claims against Motorola. But Posner cancelled the trial, saying that neither side could prove damages, reports Reuters.
Motorola is expected to ask for an injunction on the one patent in the case that it can still use against Apple.
The smart money is on Posner continuing his current line of reasoning and spiking the case. Today's hearing is about trying to prevent Apple carrying the case on through a long appeal's process.