Apple Inc. blocked a Texas NPE’s patent infringement action from getting to a jury Monday in San Francisco federal court. But instead of taking a victory lap, Apple and its Sidley Austin counsel were back on the field again Tuesday playing defense, victimized in part by their own success.

U.S. District Judge William Orrick III of the Northern District of California granted summary judgment Monday to Apple, saying Eon Corp. IP Holdings is precluded by previous litigation from suing the iPhone maker for infringing Eon’s patent on a wireless modem. Now Apple appears concerned that Eon is simply going to sue again under a different infringement theory. But Orrick declined to rule on it Monday—because Apple had just persuaded him two months ago not to let Eon amend its infringement contentions.

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