iPCS, which has exclusive rights to operate under the Sprint (NYSE: S) brand in certain areas, including Schaumburg, Ill., said on Friday that an Illinois court refused to dismiss an iPCS case against Sprint related to Sprint’s WiMax joint venture with Clearwire, Reuters reports.

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In May 2008, iPCS filed suit against Sprint, alleging the new Clearwire service would violate an exclusivity agreement signed with Sprint in 1999. The suit is seeking to stop Sprint from benefiting from the network Clearwire is building unless it shares the network with its affiliates. Sprint owns 51 percent of Clearwire (NSDQ: CLWR). The Circuit Court of Cook County ruled that iPCS could not claim certain types of monetary relief, but it seek an injunction and would not be prevented from making a claim for direct damages.