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No Ban on Apple (AAPL) iPhone 4 as Motorola (GOOG) Patent Verdict Upheld

April 23, 2013 7:41 AM EDT
Apple, Inc. (Nasdaq: AAPL) will still be able to sell its iPhone 4 in the U.S. after all.

Monday night, the U.S. International Trade Commission (ITC) upheld an earlier ruling which invalidated a mobile device sensor patent owned by Google's (Nasdaq: GOOG) Motorola Mobility. The sensor prevented a smartphone from hanging up or starting an application when close to the users face. ITC judge Thomas Pender said the device wasn't different enough from earlier inventions and he didn't consider his decision to be a "close call."

Google is said to be evaluating options on the matter, while Apple had no comment.

Apple's iPhone lineup and services amounted to $78.7 billion of revenue for the company last year, roughly half of its total take. The company is expected to report fiscal Q213 results after markets close Tuesday.

Google acquired Motorola Mobility in 2012 for about $12.4 billion.

Shares of Apple are indicated higher in early trading.


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