Kevin Bostic
Claiming that delay would cause it "continuing harm," Apple on Thursday filed an objection to a Samsung motion to put another patent infringement trial, scheduled for 2013, on hold while the first trial is under review.
Apple filed its objection on Wednesday in federal court, according to Bloomberg. U.S. District Judge Lucy Koh has been considering delaying proceedings for the second case, as the first case is still being appealed.
"This case must proceed now," Apple counsel said in a filing, "in order to stop the ongoing sales — and relentless launch — of Samsung's latest infringing devices, which have caused, and every day continue to cause, continuing harm to Apple."
Apple filed the second suit in February of 2012, and it was scheduled to go to trial in March of 2014. This second case covers technologies in newer smartphones such as Samsung's Galaxy S III and Apple's iPhone 5.
The first case, in which Apple won a $1.05 billion verdict, is still in the appeals process, and Judge Koh has vacated 40 percent of the damages awarded in that decision. The roughly $400 million has been set aside for a new trial, as the jury based its award on incorrect legal theory. Koh has encouraged the companies to appeal her vacating that portion of the damages before any additional damages trial begins.
Samsung in a filing agreed with Koh's inclination to stay the second trial until the first is resolved. Doing so, the South Korean company said, would "allow the parties to attempt to reach a business resolution of their disputes."
Wesley Hilliard
William Gallagher
Christine McKee
Malcolm Owen
Andrew Orr
14 Comments
"continue to cause continuing harm".
"continue to cause continuing harm".
I feel your pain.
Legalese and business-speak continue to treat the english language like a penny-hooker.
Will Koh continue to abet Samsung's delay tactics?
Of course the new trial needs to go ahead. It involves different patents and claims. Why whould Apple have to wait?
It's beyond belief Samsung thinks that all their trials should be "sequential".
Apple will have a hard time convincing anyone that it is being "harmed", what with sales of iOS devices still growing in market share. Samsung has had its day in the sun. My prediction is sales of the Galaxy S 4 will be below expectations. Samsung is only good for one cycle of half-decent products. Let's see how they innovate on their own. I own a Samsung TV, fridge and DVD player. None of them have broken down, but they're not the kind of products that really excite me. Since they started suing Apple, I told myself I will never buy a Samsung product again.