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Judge Koh denies Samsung a retrial following USPTO patent decisions (updated)
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 apologize for any confusion that may have caused.
Judge denies Apple a permanent ban on Samsung devices, tosses Samsung's attempt at a new trial
A permanent sales ban on a number of Samsung devices isn't happening, says Judge Lucy Koh, shooting down an injunction request filed by Apple. In a filing denying the motion, Koh admits that Samsung may have cut into Apple's customer base, but says "there is no suggestion that Samsung will wipe out Apple's customer base or force Apple out of the business of making smartphones. The present case involves lost sales -- not a lost ability to be a viable market participant." Although Koh admits it's undeniable that Samsung has violated certain patents, Apple has failed to show that it has lost sales to Samsung specifically because of these patent violations, noting that "it is not a case where the patented inventions are central to the infringing product." Apple's sale loss could just be because Samsung is the company's direct competitor. The Judge shot down one of Samsung's requests too, denying the company a new trial due to alleged jury misconduct. Looks like that billion dollar verdict isn't going anywhere.
Judge Koh: '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.
Court of Appeals for the Federal Circuit tells Judge Koh to revisit Galaxy Tab 10.1 injunction
One of the hallmarks of the US judicial system is its seemingly inexhaustible system of appeals -- a system for which Samsung is likely most grateful at the moment. Its earlier entreaty to Judge Lucy Koh to have the Galaxy Tab 10.1 preliminary injunction lifted may have been denied, but the Court of Appeals for the Federal Circuit is giving the Korean company another bite at the Apple. That court has granted Samsung's request to have the injunction issue remanded so that the trial court can re-consider Samsung's motion to dissolve it. The ruling enables Samsung to argue that the injunction should be lifted because the jury failed to find infringement of the tablet design patent upon which the injunction is based. Will Judge Koh lift the ban? Perhaps, but we're pretty sure that the crowd from Cupertino will be doing plenty to prevent that from happening. Stay tuned.
Judge Koh denies injunction stay, keeps Samsung Galaxy Tab 10.1 out of stores
Samsung may have been quick to appeal Judge Lucy Koh's decision to halt Galaxy Tab 10.1 sales, but the woman with the gavel isn't bending. According to Reuters, Judge Koh has rejected the firm's request to allow sales to continue pending a decision, keeping store shelves empty for the time being. The story isn't over, of course -- if Samsung wins the appeal (or the greater dispute) tablets will return to stores in droves. Either way, we all look forward to a time when this whole mess is behind us.
Judge Koh stops US sales of Galaxy Tab 10.1, puts a smack down on Samsung (updated)
Thought Samsung was out of the woods when it defeated Apple's attempt to prevent it from selling the Galaxy Tab 10.1 stateside? Well, Apple appealed that decision and was given a second crack at banning Sammy's slate last month -- and it looks like Cupertino made the most of the opportunity, as Reuters reports that Judge Koh has granted Cupertino's request to enjoin the sales of the Galaxy Tab 10.1. Details are scarce at the moment, but we do know it's only a preliminary injunction, meaning if Samsung's ultimately victorious in the case, the injunction will lift and it'll be free to peddle its wares once again. Still, it's certainly bad news for the Korean company, but given its expansive stable of other slates still on sale combined with its recent economic performance, we're sure Samsung can weather the storm while the courtroom fireworks continue. Update 1: All Things D got a copy of Koh's order, and we just gave it a quick read. Turns out that she granted the injunction due to the strength of the merits of Apple's case and the unlikelihood that Samsung would invalidate Apple's design patent -- the court already held that the 10.1 is "virtually indistinguishable" from the iPad's design and likely infringes Apple's IP. Furthermore, Judge Koh held that, because Apple and Samsung are direct competitors in the tablet space and "design mattered more to customers in making tablet purchases," Apple would be irreparably harmed by further 10.1 sales. Those two factors outweighed any hardship suffered by Samsung, and thus, the Galaxy Tab 10.1 was stricken from US shelves. Update 2: Well, that didn't take long -- a mere five hours after Judge Koh's order, Samsung filed an appeal, according to Foss Patents.