Interesting thought process... not exactly based on technical facts alone.

http://wallstcheatsheet.com/stocks/judge-apple-vs-motorola-case-has-no-legs.html/

A patent case between Apple and Google’s Motorola will not go to trial as scheduled on June 11 and stands to be dismissed because neither side had enough evidence to prove damages. U.S. Circuit Judge Richard Posner passed a “tentative” order in Chicago on Thursday ruling that each company’s case should be dismissed with prejudice, meaning it cannot be brought up again.

Posner said grant any kind of an injunction “would impose costs disproportionate to the harm to the patentee and the benefit of the alleged infringement to the alleged infringer and would be contrary to the public interest.”