Motorola has given notice to the U.S. Court of Appeals for the Federal Circuit that it will be contesting the International Trade Commission’s dismissal of a case against Apple. This is the second time that Motorola has filed an appeal tied to the same exact investigation. The notice, which was uncovered by Florian Mueller of FOSS Patents, is in regard to an ITC decision to throw out a case against Apple after finding six Motorola patents-in-suit to be invalid.

In the dismissal which was filed a month ago, the trade body found Motorola’s last standing patent, a property for an infrared proximity sensor to be invalid. The company was asserting that U.S. Patent No. 6,246,862 for a “sensor controlled user interface for portable communication device,” which covers a system that ignores errant screen touches during a phone call. As noted by Mueller, Google’s latest appeal is the second such action for the ITC investigation. The first came in November 2012, which questioned a decision that cleared Apple of infringing on three patents. The contention from Google resulted in a review of the findings and the appeal has yet to be resolved.

It was pointed out by Mueller that Apple may want to combine the two appeals, thus saving court resources but the move is likely to fail due to the difference in time span between Google’s filings. We’ll have to wait and see what happens with this ongoing patent litigation between the two companies.

Source: FOSS Patents via AppleInsider