Judge Koh denies Samsung a retrial following USPTO patent decisions (updated)

Judge Koh denies Samsung's motion to dismiss trail over bounceback patent invalidation

After the USPTO decided to take a second look at a bunch of Apple's patents, including the pinch-to-zoom claims later invalidated by the USPTO, Samsung was understandably pressing for a retrial. However, since then the court has certified most of the other IP in question, including the famous claim 19 or "bounce-back" of patent 7,469,381, a lynchpin in the $1 billion judgement favoring Cupertino. As a result, judge Lucy Koh has decided to ignore the Korean company's pleas and press on with Apple vs. Samsung II, meaning that the trial scheduled for November 12th 2013 will proceed as planned. What does that mean for all of us? Yet more legal wrangling and a prolonging of Samsung's California nightmare.

Update: The article originally stated that the rubber-banding claim 21 in 7,469,381 was invalidated, but it was actually the pinch-to-zoom claim in patent 7,844,915. We apologise for any confusion that may have caused.

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Source: Foss Patents

Judge Koh: ‘global peace’ between Apple and Samsung would be ‘good for consumers’

Judge Koh speaks necessary obvious: 'global peace' between Apple and Samsung would be 'good for consumers'

While Judge Lucy Koh may not pull down the same staggering wage or get as much TV time as that other well-known arbiter, she's just as outspoken in her own courtroom. While presiding yesterday over the neverending story that is Apple v. Samsung, she called for "global peace" between the two. Inciting chuckles from the crowd, she reaffirmed her point: "I'm not joking... it would be good for consumers and good for the industry." Head lawyer for Samsung said the company was "willing to talk," but the opposition wasn't so amicable, claiming that the billion-odd judgment in its favor was a mere "slap on the wrist," and that clear boundaries were necessary for setting a precedent.

Cupertino's camp also attacked Samsung's design decisions, saying they were knowingly taken to the limit of what it could legally get away with, while the Korean manufacturer's team thinks Apple wants to "compete through the courts rather than the marketplace," and was using the courts to conduct a smear campaign. When commenting on the patent rows in a TV interview yesterday, Apple CEO Tim Cook repeated his stance on litigation, but said there was "no other choice," and that "in a perfect world," companies would "invent their own stuff." Sadly, it looks like Judge Koh's plea for resolution won't have much of an impact, but we're with her in thinking: if only this had all played out during a 10-minute segment on daytime TV.

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Source: Financial Times

Apple, Samsung to argue potential bans on infringing phones December 6th in US District Court

Ardent followers of the Apple v. Samsung hearing in California have another date to circle in their calendars: December 6th. AllThingsD and Reuters report Judge Lucy Koh has put that down as the day the two companies can make their cases over two key steps in the process since the verdict (check out our breakdown of the decision and what its $1.05 billion damage award means here) was handed down Friday evening. Apple is requesting an injunction to block the sale of Samsung phones that were found to infringe upon its patents, while Samsung wants to have the jury's verdict set aside. This changes the plans for the previously scheduled September 20th hearing, which will focus on Samsung's effort to get the injunction lifted on its Galaxy Tab 10.1 that was found not to infringe upon Apple's design patent. Whether you'll be tuned in to Twitter for each line by line update or avoiding the internet altogether, at least now you know which day to plan for.

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Apple, Samsung to argue potential bans on infringing phones December 6th in US District Court originally appeared on Engadget on Tue, 28 Aug 2012 21:24:00 EDT. Please see our terms for use of feeds.

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Apple, Samsung respond to the jury’s decision; September 20th court date set for injunction hearing

Apple, Samsung respond to the jury's decision September 20th court date set for injunction hearing

Well. The verdict for the tech industry patent trial of the week is in, and the jury agreed with Apple's version of the events enough to award it a billion dollars and change in damages while awarding Samsung... nothing. Naturally, the two companies differ in their viewpoints on this ruling, with Apple celebrating a decision that supports its originality and innovation, and is "sending a loud and clear message that stealing isn't right." Samsung, on the other hand, claims it's all about standing up for the consumer, who it believes will be the true victim here, forced to pay more for fewer choices and less innovation now that one company has "a monopoly over rectangles with rounded corners."

Before we get to the inevitable appeals, Apple is seeking a preliminary injunction against Samsung's infringing products and Judge Lucy Koh has set September 20th as a date for the hearing. Apple has until the 29th to file its motion, which Samsung will have 14 days to respond to, before Apple has two days to craft a response of its own. While we all take a breather before the lawyers get back at it, you'll find the statements from both companies after the break.

Update: As expected, Samsung has indicated it will appeal the ruling. Wall Street Journal's Evan Ramstad tweets that it plans to file post-verdict motions to overturn the decision and if those are unsuccessful, it will take its case to the Appeals Court.

Continue reading Apple, Samsung respond to the jury's decision; September 20th court date set for injunction hearing

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Apple, Samsung respond to the jury's decision; September 20th court date set for injunction hearing originally appeared on Engadget on Fri, 24 Aug 2012 21:35:00 EDT. Please see our terms for use of feeds.

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Apple denied stateside Galaxy S III injunction

Apple denied Stateside Galaxy S III injunction

Judge Lucy Koh has denied Apple's request for a domestic sales ban of Samsung's latest flagship. Her Honor put her foot down, saying that adding any more litigation to the already overcrowded docket would cause the courtroom action to be postponed again. Cupertino subsequently relented, eager to get the trial proper started, which is currently slated to begin on July 30th.

Apple denied stateside Galaxy S III injunction originally appeared on Engadget on Wed, 13 Jun 2012 04:52:00 EDT. Please see our terms for use of feeds.

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Apple v. Samsung judge yells ‘get to the point, you two’

ImageJudge Lucy Koh, presiding over the courtroom battle 'twixt Apple and Samsung has ordered that both companies slim down the bundle of litigation so its easy for juries to understand. The docket currently contains 16 patent violations, six trademark issues, five "trade dress" claims and an antitrust matter -- which her Honor Judge Koh described as a "cruel and unusual punishment" for a jury. If both companies can't get over a table and produce a Cliffs Notes edition of their global patent battle, then she'll postpone the trial date until 2013.

Apple v. Samsung judge yells 'get to the point, you two' originally appeared on Engadget on Thu, 03 May 2012 10:57:00 EDT. Please see our terms for use of feeds.

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Samsung brings another eight patents to the Apple knife-fight

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The Mamas and the Papas used to dream about it, but California's been turned from sunny idyll into blood-spattered battleground as the global conflict 'twixt Samsung and Apple continues. Samsung's pulled out a further eight patents to rebuke Apple's Northern District court injunction that's got designs on banishing the Galaxy Nexus from our shores. Two of the patents are licensed under FRAND terms, muddying the waters even further over the contentious subject of common patent sharing. Meanwhile, both company CEOs are being made to engage in sit-down talks with the hope that Judge Lucy Koh won't make them share a dorm room at summer camp.

Samsung brings another eight patents to the Apple knife-fight originally appeared on Engadget on Thu, 19 Apr 2012 10:00:00 EDT. Please see our terms for use of feeds.

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