or Connect
AppleInsider › Forums › General › General Discussion › Apple injunction hearing against Samsung scheduled for December
New Posts  All Forums:Forum Nav:

Apple injunction hearing against Samsung scheduled for December

post #1 of 68
Thread Starter 
Apple v. Samsung presiding Judge Lucy Koh on Tuesday set the date on which the Court will hear Apple's request for a permanent sales ban against certain Samsung smartphones.

According to a court order filed on Tuesday, the judge is slated to hear arguments on Dec. 6 regarding Apple's move for a permanent injunction against eight Samsung handsets identified on Monday, reports Reuters.

The order also outlines the deadlines by which both parties must submit their respective replies and oppositions regarding post-judgment filings. In the interest of expediency, Judge Koh has consolidated other post-trial motions for the Dec. 6 hearing. Apple and Samsung were initially scheduled to meet on Sept. 20 to discuss the injunction, but that date is now reserved for the Korean company's request to dissolve a sales ban against the Galaxy 10.1.

Hearing Order


Judge Koh is once again pushing for strict adherence to her mandates regarding post-judgment motions, a position she took during the trial to avoid an onslaught of filings. During the trial, the judge fought to keep the case on track as her "rag tag" team was having trouble keeping up with filings from the two companies' "legion" of lawyers.

From the order:

The page limits set forth herein will be strictly enforced. Any argument that is not explicitly articulated within the briefing page limits will be disregarded. Any supporting documentation shall be for corroboration purposes solely and shall not be used as a vehicle for circumventing the Court?s page limits. Any citations to the record must include the relevant testimony or exhibit language. Any single-spaced bullets in an attempt to circumvent the briefing page limits will be disregarded.


Apple on Friday won a sweeping victory over Samsung as a jury found Samsung in violation of six Apple design and utility patents, assigning damages of nearly $1.05 billion for the offense.
post #2 of 68

These timeframes always depress me.

Originally Posted by Marvin

The only thing more insecure than Android’s OS is its userbase.
Reply

Originally Posted by Marvin

The only thing more insecure than Android’s OS is its userbase.
Reply
post #3 of 68

Gives Samsung a chance to ready their ass for another good ole slapping! lol.gif

post #4 of 68

Meh.

 

The court case Apple just 'won' is at the very least going to appeal, if not redone thanks to jury bias. There is a dozen reasons supporting why, which have been covered by popular sites like Gizmodo, Engadget, and the Verge.

 

I would be surprised to see anything happen in December--if anything, a follow-up to the shenanigans that just took place will be getting it's papers in order to proceed with a follow-up case next year.

post #5 of 68

This is ridiculous! Setting a December date to hear Apple's injunction on further Samsung sales is meaningless. Samsung will have redesigned their phones by then. Yes, lazy Samsung engineers could dream up new designs by Christmas.

post #6 of 68
Quote:
Originally Posted by Shidell View Post

Meh.

The court case Apple just 'won' is at the very least going to appeal, if not redone thanks to jury bias. There is a dozen reasons supporting why, which have been covered by popular sites like Gizmodo, Engadget, and the Verge.

I would be surprised to see anything happen in December--if anything, a follow-up to the shenanigans that just took place will be getting it's papers in order to proceed with a follow-up case next year.
I think you'd feel more at home on Engadget or C|Net.
post #7 of 68
Quote:
Originally Posted by Rogifan View Post


I think you'd feel more at home on Engadget or C|Net.

 

Would it make you feel better if nobody ever challenged your thoughts? 

post #8 of 68
Quote:
Originally Posted by Shidell View Post

Meh.

The court case Apple just 'won' is at the very least going to appeal, if not redone thanks to jury bias. There is a dozen reasons supporting why, which have been covered by popular sites like Gizmodo, Engadget, and the Verge.

I would be surprised to see anything happen in December--if anything, a follow-up to the shenanigans that just took place will be getting it's papers in order to proceed with a follow-up case next year.

Those are legal sites? LMAO - post trial statements are not going to impact the appeal process. A cout of appeals will have to consider if the trial was conducted fairly, if a judgement as a matter of law should have been made favoring Samsung or if the award is wrong. The Jury is entitled to reach conclusions they like based on the evidence.
post #9 of 68
Quote:
Originally Posted by MacHead4Ever View Post

This is ridiculous! Setting a December date to hear Apple's injunction on further Samsung sales is meaningless. Samsung will have redesigned their phones by then. Yes, lazy Samsung engineers could dream up new designs by Christmas.

Your scenario is the real victory forn Apple. Samsung is not leaving the market. Apple just wants to protect their distintiveness. The money will come any ways. If this does not fall on appeal AND Samsung continues to infringe, the penalties cover thos post trial sales also. The amounts go way up.
post #10 of 68
Quote:
Originally Posted by MacHead4Ever View Post

This is ridiculous! Setting a December date to hear Apple's injunction on further Samsung sales is meaningless. Samsung will have redesigned their phones by then. Yes, lazy Samsung engineers could dream up new designs by Christmas.

They've already redesigned their phones in case you hadn't noticed.
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
post #11 of 68
Quote:
Originally Posted by Shidell View Post

Would it make you feel better if nobody ever challenged your thoughts? 

Rogifan has no problem with people simply challenging his thoughts, but when challenged people have simple thoughts it's a different story.

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

Reply

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

Reply
post #12 of 68

Enough time to introduce a Samsung Windows 8 phone

Cubist
Reply
Cubist
Reply
post #13 of 68
Quote:
Originally Posted by Shidell View Post

The court case Apple just 'won' is at the very least going to appeal, if not redone thanks to jury bias. There is a dozen reasons supporting why, which have been covered by popular sites like Gizmodo, Engadget, and the Verge.

Say what?

The bleating, whining posts of thousands of snot-nosed fanboys from which you can only surmise one thing:-

How do so many two year olds manage to type?
Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
Reply
Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
Reply
post #14 of 68
Quote:
Originally Posted by Omnipotent View Post


Those are legal sites? LMAO - post trial statements are not going to impact the appeal process. A cout of appeals will have to consider if the trial was conducted fairly, if a judgement as a matter of law should have been made favoring Samsung or if the award is wrong. The Jury is entitled to reach conclusions they like based on the evidence.

 

http://www.groklaw.net/article.php?story=2012082510525390 Come back to your comment then.

 

 

http://www.ted.com/talks/lang/en/kirby_ferguson_embrace_the_remix.html#t=5m00s

post #15 of 68
Quote:
Originally Posted by Tallest Skil View Post

These timeframes always depress me.

Courts are busy you know. Lots of patents trials other than Apple v. Samsung
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
post #16 of 68
Quote:
Originally Posted by city View Post

Enough time to introduce a Samsung Windows 8 phone

I think there's one already on the way.
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
post #17 of 68

 

-The growklaw guy is well known to generally be anti-Apple. Either way his rationalizations about a 'biased' jury are incredibly weak and based on little substance. 

- What the hell is your point with the 2nd link? It's been spammed a thousand times, and is pretty meaningless, not to mention has nothing to do with the post you're responding to, which is the court case and verdict. Oh wait, you're a troll, so that doesn't really matter, just spam random links. 

 

Also, there isn't a single article on the sites you mentioned (theVerge, engadget, cnet, etc) where the editors state they believe the jury was 'biased'. Unless you're going by commentators, in which case good luck with that. 

post #18 of 68

Yeah, I had read the Groklaw article previously. Sure, under some extreme circumstances things could be overturned. But all the jury had to do was to be awake during the time Judge Koh instructed them. Then they heard the instructions. No need to reread them. But Groklaw is just pissed and it shows I their writing. All technicalities that will not come into play.

From juror comments in the media:

1. Evidence of copying was persuasive during the trial. No need to deliberate on that point.
2. Seeing which phones infringe was a simple matter of turning them on and testing.
3. Judging the validity of utility patents was based on refutation of the prior art claims. At least one juror had a good personal understanding and could explain it to the group clearly. He surely heard and understood the original instructions.
4. Design patents also did not have a convincing prior art.

I think Koh's rulings on the JMOL briefs will end most of this. Samsung will have to somehow argue an improperly conducted trial.
post #19 of 68
Quote:
Originally Posted by MacHead4Ever View Post

This is ridiculous! Setting a December date to hear Apple's injunction on further Samsung sales is meaningless. Samsung will have redesigned their phones by then. Yes, lazy Samsung engineers could dream up new designs by Christmas.

 

Yes, Sept 21 is just a month away. lol.gif

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
Reply

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
Reply
post #20 of 68
Quote:
Originally Posted by Shidell View Post

The court case Apple just 'won' is at the very least going to appeal, if not redone thanks to jury bias. There is a dozen reasons supporting why, which have been covered by popular sites like Gizmodo, Engadget, and the Verge.

 

 

Jury bias. Uh-huh.

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
Reply

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
Reply
post #21 of 68
Quote:
Originally Posted by Suddenly Newton View Post

 

Jury bias. Uh-huh.

 

I love how those who shrill about 'jury bias' somehow delude themsleves ito believe they themselves have a shred of objectivity. They usually claim jury bias in the same sentence as 'rounded rectangles' or some garbage that shows they have almost a non-existant understand of what this trial was about and made up their minds as to who they wanted to support before it started. This jury sat through the whole damn thing and witnessed every piece of evidence shown, as well as Samsung's defence and counter-claims. They didn't spend their time in the echo-chambers of the internet and techsite forums where reality has little to do with anything and everyone is 'rooting' for their team like slobbering 8 year olds, irregardless of the facts, in which the evidence was irrelevant as nothing could change their preconceived opinion I'm pretty sure the jury is less 'biased' than every single person who is commenting about the trial online on Apple/Samsung/Android/tech/whatever websites. 

post #22 of 68

The Galaxy S3 is their flagship... sinking the others are insignificant.

mmmmmmmmmmmm....

Reply

mmmmmmmmmmmm....

Reply
post #23 of 68
Quote:
Originally Posted by Shidell View Post

 

Would it make you feel better if nobody ever challenged your thoughts? 

you pose no credible challenge to anyones thoughts, so yeah try again so we can keep laughing at you

post #24 of 68
Originally Posted by Wok Toss View Post
The Galaxy S3 is their flagship... sinking the others are insignificant.

 

Because all naval battles keep going unless the flagship is destroyed. 

Originally Posted by Marvin

The only thing more insecure than Android’s OS is its userbase.
Reply

Originally Posted by Marvin

The only thing more insecure than Android’s OS is its userbase.
Reply
post #25 of 68
Quote:
Originally Posted by Wok Toss View Post

The Galaxy S3 is their flagship... sinking the others are insignificant.

Don't worry, apple will get to it =)

post #26 of 68

This process seems pretty useless, since it seems to take so long to get anything going and most of the phones to be banned are basically obsolete already.

LOL people should just enjoy whatever phone they prefer and stop being d-bags about other phones they don't use. Fanboys are pathetic, regardless of whether they are Android or Apple ones.
Reply
LOL people should just enjoy whatever phone they prefer and stop being d-bags about other phones they don't use. Fanboys are pathetic, regardless of whether they are Android or Apple ones.
Reply
post #27 of 68
Quote:
Originally Posted by xRCx View Post

Don't worry, apple will get to it =)

 

You think they'll get to it before it's replace by the S4 next July?

LOL people should just enjoy whatever phone they prefer and stop being d-bags about other phones they don't use. Fanboys are pathetic, regardless of whether they are Android or Apple ones.
Reply
LOL people should just enjoy whatever phone they prefer and stop being d-bags about other phones they don't use. Fanboys are pathetic, regardless of whether they are Android or Apple ones.
Reply
post #28 of 68
Quote:
Originally Posted by BuddyRevell View Post

 

You think they'll get to it before it's replace by the S4 next July?

they tried to sneak it in with this round of phones but the judge ruled they didn't do it in time, so its quite possible yeah.

post #29 of 68
Quote:
Originally Posted by BuddyRevell View Post

This process seems pretty useless, since it seems to take so long to get anything going and most of the phones to be banned are basically obsolete already.

http://www.loopinsight.com/2012/08/07/apples-motivation-for-suing-samsung/
post #30 of 68

And by the time that something gets banned, there will probably be newer models already on the market, which didn't exist when the case was first brought to court, as Android makers release a million different models each year. They truly practice the fine art of flinging shit to a wall, and seeing what sticks. 

 

It's too bad that Apple can't sue in advance. Apple should be able to file a motion to ban any new Samsung phone that gets released in 2012, even ones that don't yet exist today. And every time that a new Samsung phone comes out, Apple's lawyers can quickly figure out if that phone meets all of the criteria or not. 

post #31 of 68
Quote:
Originally Posted by Slurpy View Post

 

I love how those who shrill about 'jury bias' somehow delude themsleves ito believe they themselves have a shred of objectivity. They usually claim jury bias in the same sentence as 'rounded rectangles' or some garbage that shows they have almost a non-existant understand of what this trial was about and made up their minds as to who they wanted to support before it started. This jury sat through the whole damn thing and witnessed every piece of evidence shown, as well as Samsung's defence and counter-claims. They didn't spend their time in the echo-chambers of the internet and techsite forums where reality has little to do with anything and everyone is 'rooting' for their team like slobbering 8 year olds, irregardless of the facts, in which the evidence was irrelevant as nothing could change their preconceived opinion I'm pretty sure the jury is less 'biased' than every single person who is commenting about the trial online on Apple/Samsung/Android/tech/whatever websites. 

 

Yup. Samsung had their day in court. They agreed to the jurors. They presented their case, their witnesses, and their exhibits. They got to question Apple's witnesses and exhibits. They got to tell their side of the story. They had their chance to settle. Did they really think their smokescreen of attacking Apple would explain the amazing coincidence of their post-2007 phones looking like an iPhone?

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
Reply

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
Reply
post #32 of 68

Ridiculous.  Good luck with permanent injunction then, it seems Judge has made her mind that there cannot be any irreparable harm or she would have not have given date after 3 months.

Treble damages seems more important for Apple now as I guess.

Jury bias or not, "no reasonable jury" is very high standard to meet, and Samsung is not going to go ahead much in this case as far as overturning the verdict is concerned, whether they appeal or not. 

Their best shot can be to overturn the verdict of "willfulness" , as it seems jury persons made their mind on it  by seeing Samsung document of comparison, and its executives dodging some questions. But since Samsung document hardly mentioned any patent in question in the document ( except bounce back), and second reason is more subjective, Samsung has more chance to make progress there.


Edited by simpleankit - 8/28/12 at 9:25pm
post #33 of 68

 

"Re-mixing" is nothing new in the visual arts, design included. It's a shame that Samsung can't progress past "Copy" to "Transform". Ask Sony. And now Apple.

"We're Apple. We don't wear suits. We don't even own suits."
Reply
"We're Apple. We don't wear suits. We don't even own suits."
Reply
post #34 of 68
Quote:
Originally Posted by AppleInsider View Post

Hearing Order
.

There's a major problem with this timeline.

She's supposed to have her hearing on whether to dissolve the injunction on the Tab on Sept 20. Then on Sept 21, she has her Rule 50 hearing. One of the subjects of the Rule 50 hearing is certainly going to be a request from Apple to find the Tab to be infringing (see Foss patents for details). So it seems out of place for her to decide on dissolving the Tab on the basis of it not being found to infringe the day before she decides if it should actually have been included in the list of infringing items.
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
Reply
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
Reply
post #35 of 68
Quote:
Originally Posted by Shidell View Post

Meh.

 

The court case Apple just 'won' is at the very least going to appeal, if not redone thanks to jury bias. There is a dozen reasons supporting why, which have been covered by popular sites like Gizmodo, Engadget, and the Verge.

 

I would be surprised to see anything happen in December--if anything, a follow-up to the shenanigans that just took place will be getting it's papers in order to proceed with a follow-up case next year.

Oh please do tell I have read the Verg, and all the coverage of jurors post trial remarks. Please do educate us on one or two of these "dozen" examples of "bias".

 

Your full of sh*t

post #36 of 68
Quote:
Originally Posted by Shidell View Post

 

Would it make you feel better if nobody ever challenged your thoughts? 

Please challenge us with specific examples of juror bias, right here, right now. Please do not references to other sites. Otherwise you are engaging heresy, the weakest form of evidence for your points.

 

Oh by the way, Samsung picked this jury as well as Apple. Everyone has a bias of some sort, even jurors Samsung picked. The process of choosing jurors is to eliminate unfair bias as much as reasonably possible with any group of people. Both sides had a fair chance to do so. Try proving whatever "bias" you think was there made a difference in court in Apple's favor when Sammy picked half of Jury.

 

Virtually impossible if it was a factor. It would have had to be a factor with ALL the jurors, otherwise it would have been at least a hung jury.

 

My god, the more i think about this the more i see your just an IDIOT.

 

Both sides had a fair trial.

 

The only people I have seen saying this would be a unfair trial by jury bias to date have been either fools or people from outside USA who have no understanding of the US justice system, how jurors are chosen or what it's like to be a juror. That they may be idiots or ignorant is not mutually exclusive. 


Edited by dmarcoot - 8/28/12 at 10:18pm
post #37 of 68
Quote:
Originally Posted by Shidell View Post

 

Would it make you feel better if nobody ever challenged your thoughts? 

Where was there a challenge? You offer nothing of substance.

post #38 of 68

December 6, 2012 is 3 Weeks before Christmas! It's in the middle of the Christmas Shopping Season! That Hearing will likely get dragged out into 2013… Meanwhile Samsung will be selling their products, while redesigning the next wave of their products, which would make Samsung more slippery, and thus harder to nail… In short, it looks like Samsung will be getting away with this, and 1 Billion $$ Award might become even less likely for Apple to collect!!! 

 

December 6, 2012 is 1 month after US Presidential Elections. Thus, until 1/20/13 it Politics around the clock! That doesn't help Apple to get it's message that Samsung is a Stolen Technology, thus Less Moral, with Questionable Future, since Samsung can't promise the Same Stolen Features in their Future Products! It'd be great if the Public saw Samsung Future Products, or better yet, All Android Products, with more of Uncertainty!  

 

Yep, I am biased, pro Apple, but then…. Let Android be acknowledged as a Stolen Technology, and Google's Relationship with Android Phone Makers reminds me of Good Cop Bad Cop Monkey In The Middle Catch Me If You Can GAMES, where those THIEVES are getting away with the THEFT!!!! 

 

Apple must drive all those points into General Public Mindset!!!! 

 

Let Android and Windows Phone fight it out, while Apple and iOS are steadily moving Forward, laughing all the way to the bank, rewarding AAPL Shareholders for their loyal support!

Go  Apple!!!

Reply

Go  Apple!!!

Reply
post #39 of 68
Quote:
Originally Posted by city View Post

Enough time to introduce a Samsung Windows 8 phone

 

I think Samsung already has some Windows phones, and if Samsung wants to have a Merry Christmas, they will be smart to not try to push for Christmas sales with Android phones that could get blocked on December 6th or thereabouts. Yet, Windows phones don't seem to fly off the shelves like Samsung iOS clone phones... So, Samsung is in a tight spot: If they hope for a December 6th win, and don't get it, there will be a shit-ton of Samsung Android phones suddenly not going under the Christmas trees... If they bet on shipping only Windows phones, they better pray that consumers will buy something that isn't an iOS knockoff.

"That (the) world is moving so quickly that iOS is already amongst the older mobile operating systems in active development today." — The Verge
Reply
"That (the) world is moving so quickly that iOS is already amongst the older mobile operating systems in active development today." — The Verge
Reply
post #40 of 68

 

Toooooooooooooooo funny but sooooooooooo true.....

New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: General Discussion
AppleInsider › Forums › General › General Discussion › Apple injunction hearing against Samsung scheduled for December