US judge Richard Posner has ruled to let Apple attorneys plead their case for an injunction blocking the sale of some Motorola smartphones.
Posner originally cancelled the trial between the two on 8 June, arguing that neither side had proved damages.
"I have tentatively decided that the case should be dismissed with prejudice because neither party can establish a right to relief," he said in his initial ruling.
"I will delay entry of judgment until I have prepared a full opinion, because in the course of that preparation I may change my mind."
Reuters has subsequently reported he has granted Apple a reprieve, letting the company plead its case before making his final decision.
At the time of publication neither Apple, Motorola nor Google had responded to V3's request for comment.
Apple had previously claimed that several Motorola devices, including the Droid smartphone and Xoom tablet, infringed four of its patents, while Motorola accused Apple of one case of patent infringement.
While the judge has ruled out many of the other claims the two sides had made, Apple has more to gain from a trial than Motorola because it potentially has more patent claims to be considered.
The case is the first to be heard involving Motorola and Apple since the phone maker was officially acquired by Google for $12.5bn.
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