Despite a patent dispute over the technology behind it, a hologram version of Michael Jackson will appear on stage at the Billboard Awards tonight to perform a song from Xscape, his posthumous album.

The green light came after a federal judge in Las Vegas refused to grant an injunction to prevent the performance, which plaintiffs Hologram USA and Musion Das Hologram claim violates their intellectual property. The pair landed the patents after purchasing the company that was behind the infamous Tupac hologram at Coachella two years ago. The defendants, meanwhile, countered that hologram technology is nothing new. 

Though the show will go on, the plaintiffs will be able to file for damages afterwards. They're also embroiled in an ongoing case against Cirque du Soleil and MGM Resorts, whose "Michael Jackson ONE" show features a digitally rendered MJ. 

"It's only the very beginning of a case that will continue to be prosecuted by my clients, and ultimately they are confident that they will prevail and will recover all available damages for the defendants' infringing conduct," said Ryan G. Baker, the plaintiffs' attorney.

Or they could, you know, let our idols rest in peace.

[via The Verge]