Apple injunction hearing against Samsung scheduled for December

Posted:
in General Discussion edited January 2014
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.
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Comments

  • Reply 1 of 67
    tallest skiltallest skil Posts: 43,399member


    These timeframes always depress me.

  • Reply 2 of 67


    Gives Samsung a chance to ready their ass for another good ole slapping! image

  • Reply 3 of 67
    shidellshidell Posts: 187member


    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.

  • Reply 4 of 67


    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.

  • Reply 5 of 67
    rogifanrogifan Posts: 10,669member
    shidell wrote: »
    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.
  • Reply 6 of 67
    shidellshidell Posts: 187member

    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? 

  • Reply 7 of 67
    shidell wrote: »
    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.
  • Reply 8 of 67
    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.
  • Reply 9 of 67
    dasanman69dasanman69 Posts: 12,968member
    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.
  • Reply 10 of 67
    solipsismxsolipsismx Posts: 19,566member
    shidell wrote: »
    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.
  • Reply 11 of 67
    citycity Posts: 522member


    Enough time to introduce a Samsung Windows 8 phone

  • Reply 12 of 67
    hill60hill60 Posts: 6,989member
    shidell wrote: »
    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?
  • Reply 13 of 67
    hjbhjb Posts: 278member

    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

  • Reply 14 of 67
    dasanman69dasanman69 Posts: 12,968member
    These timeframes always depress me.

    Courts are busy you know. Lots of patents trials other than Apple v. Samsung
  • Reply 15 of 67
    dasanman69dasanman69 Posts: 12,968member
    city wrote: »
    Enough time to introduce a Samsung Windows 8 phone

    I think there's one already on the way.
  • Reply 16 of 67
    slurpyslurpy Posts: 5,062member


     


    -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. 

  • Reply 17 of 67
    hjb wrote: »

    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.
  • Reply 18 of 67

    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. image

  • Reply 19 of 67

    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.

  • Reply 20 of 67
    slurpyslurpy Posts: 5,062member

    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. 

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