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Apple's second suit against Samsung may be postponed until appeals court ruling

post #1 of 11
Thread Starter 
U.S Judge Lucy Koh, who is presiding over two California patent cases involving Apple and Samsung including post trial motions for the landmark Apple v. Samsung jury trial, may put the second suit on hold until an appeals court comes to a decision on the first.

Judge Lucy Koh
Judge Lucy Koh. | Source: U.S. District Court


According to in court reports from Reuters, Judge Koh asked counsel for both parties if an upcoming utility patent suit should be suspended until after an appeal regarding the Apple v. Samsung verdict has been reached. The appeal pertains to the jurist's decision to deny Apple's request to ban certain Samsung handsets following the Apple v. Samsung jury trial.

Due to the appeals court's schedule, a ruling is not expected until at least September, while the utility patent suit is currently slated to begin in March 2014.

Judge Koh suggested that the two parties' legal struggle could cover both California lawsuits.

"I just don't know if we really need two cases on this," Judge Koh said.

In response, Apple attorney William Lee argued that both cases should proceed as planned, noting that different patents have been asserted in each suit. Victoria Maroulis, Samsung's counsel, disagreed, claiming that "overlap" between the two should be enough to suspend the second complaint.

The parties were ordered to mull over Judge Koh's suggestion and give their official decisions by March 7.
post #2 of 11

I get the feeling that judges, sooner or later, regret taking on Apple cases.   

 

They generate a lot of paperwork in requests and appeals, that have to be responded to. 

post #3 of 11
Quote:
Originally Posted by AppleInsider View Post

In response, Apple attorney William Lee argued that both cases should proceed as planned, noting that different patents have been asserted in each suit. Victoria Maroulis, Samsung's counsel, disagreed, claiming that "overlap" between the two should be enough to suspend the second complaint.

That's no surprise. The longer Samsung delays, the more they get to take advantage of the IP they've stolen from Apple. It has already been shown that they're far better off due to their theft - even after paying a paltry $1 B fine.
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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post #4 of 11

Microsoft vs Motorola:

Judge James Robart told both sides to stop using the court "as a pawn in a global, industry-wide business negotiation". 

 

Motorola vs. Apple:

"Judge Crabb initially expressed willingness to suggest such a rate.  But when Apple's lawyers wrote in a filing last week that they would reject her guidance if the rate ended up being higher than $1 USD per iPhone, she grew irate at the Cupertino company's apparent arrogance."

 

Apple vs. Samsung:

"A federal judge in California has sanctioned Samsung for destroying e-mail evidence in its ongoing patent infringement case with Apple."

 

Motorola vs Apple:

An ITC judge issues sanctions against Apple over counsel's misrepresentations. Judge Thomas Pender... imposed sanctions against Apple for its counsel's misrepresentation of facts during an opening statement and in a pre-hearing brief.

 

Apple vs Motorola:

'Judge Richard Posner stated that there was no point in holding a trial because it was apparent that neither side could show they had been harmed by the other’s patent infringement.' 

 

Apple vs. Samsung:

"If Apple thought it could spin its way out of a U.K. court-ordered apology to Samsung, the iPhone maker needs to think again ... "I'm at a loss that a company such as Apple would do this," Bloomberg quoted Jacob as saying. "That is a plain breach of the order."

 

Apple vs. Motorola:

"I deny the second half of Apple’s motion (seeking prohibition of the deposition) as frivolous and the first half (seeking substitution) as untimely. I've had my fill of frivolous filings by Apple. "

 

I think the courts are catching on.


Edited by Gatorguy - 2/14/13 at 4:01pm
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post #5 of 11
Quote:
Originally Posted by Gatorguy View Post

 

Apple vs. Samsung:

"A federal judge in California has sanctioned Samsung for destroying e-mail evidence in its ongoing patent infringement case with Apple."

 

 

 

Apple who initiated the lawsuit also destroyed email evidence. The Magistrate Judge Paul Grewal granted the adverse jury instruction against Samsung when Apple filed the email spoilation charges, but when Samsung filed the same motion against Apple, Grewal denied Samsung's motion stating the filing missed the *tentative* deadline, one day after Apple'd filed theirs.

 

Needlessly to say, this was an embarrassment to Grewal who clearly exhibited bias against Samsung. Koh later dropped the charges and both parties agreed not to pursue this further. 

post #6 of 11

I have a feeling Apple and Samsung will be in court for many many years to come.

post #7 of 11
Quote:
Originally Posted by jragosta View Post

That's no surprise. The longer Samsung delays, the more they get to take advantage of the IP they've stolen from Apple. It has already been shown that they're far better off due to their theft - even after paying a paltry $1 B fine.

Exactly. Why on earth would you claim "overlap" if there are different patents involved?
post #8 of 11
Quote:
Originally Posted by KDarling View Post

I get the feeling that judges, sooner or later, regret taking on Apple cases.   

 

They generate a lot of paperwork in requests and appeals, that have to be responded to. 

 

Hey, they're getting paid to do something.

Proud AAPL stock owner.

 

GOA

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Proud AAPL stock owner.

 

GOA

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post #9 of 11
Quote:
Originally Posted by Feynman View Post

I have a feeling Apple and Samsung will be in court for many many years to come.

 

Any disagreements won, lost or settled will be resolved at some point and a company will pay or not pay. Why this should concern any of us is largely immaterial. This is a game of lawyers.

Proud AAPL stock owner.

 

GOA

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Proud AAPL stock owner.

 

GOA

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post #10 of 11
Quote:
Originally Posted by jragosta View Post

The longer Samsung delays, the more they get to take advantage of the IP they've stolen from Apple.
Care to remind us which "IP" in question -from memory the shape of the 2yo and discontinued Galaxy Tab and a screenshot of some app listing among android samsung skin's presented by apple as too similar to iphone home screen- are they taking "advantage" as of today? I won't hold my breath.
post #11 of 11

Long-forgotten by most is the lingering issue of keeping certain documents secret and under seal in the first case, now being appealed. Judge Koh had already ruled  Apple and Samsung were not going to be able to keep much of their documentation out of public view but agreed to put that order on hold until both parties had a chance to convince the court it was wrong. In an order yesterday the Appeals Court said they will allow the media to also argue their side in support of Koh's ruling, that most of the documents should be revealed as part of the public's right to know.  

 

My personal guess? The Federal Circuit will make it a final order to open many of the claimed Apple and /or Samsung "trade secrets' and financial documents submitted in the case to media review. Apple and Samsung won't be happy. There's already been a lot of behind-the-curtain info discovered, much more than either party would prefer. I believe there's a lot more to come.

http://newsandinsight.thomsonreuters.com/Legal/News/2013/03_-_March/U_S__appeals_court_will_let_media_argue_at_Apple_secrecy_hearing/


Edited by Gatorguy - 3/16/13 at 8:04am
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