Hitting legal war with Apple, the world largest search engine Google Inc put its upper hand in the smartphone market with Android as a US judge dismissed Apple’s case.

According to source, judge ruled against Apple Inc that it cannot pursue an injunction against Google’s Motorola Mobility unit.

Ending the blow for the iPhone maker in the smartphone patent wars, he said, “Apple is complaining that Motorola’s phones as a whole ripped off the iPhone as a whole, But Motorola’s desire to sell products that compete with the iPhone is a separate harm from any harm caused by patent infringement,” according to reports suggestion.

Calling Google’s action legal, both parties have allowed appealing the ruling.

Source reported that, Apple had sought an injunction barring the sale of Motorola products using Apple’s patented technology, but it disappointed while the court ruled neither party is entitled to an injunction.

“Because of the potential costs to Motorola and the federal judiciary I could not responsibly order injunctive relief in favor of Apple,” the court said, as per media reports.

The war had started in October 2010, while Motorola sued Apple against an imminent Apple lawsuit. And then issuing pre-trial rulings by court all of Motorola’s patent claims against Apple eliminated, while Apple’s claims not that ultimately raise chances of Apple to gain more in the trial.

But as per recent judgment, the proposal is not appropriate, Apple failed to prove that Motorola phones caused a loss of consumer goodwill. An injunction will be an appropriate windfall for Apple until Motorola could design nearly the minor technological features as Apple.