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Apple, Samsung each cut back on claims for Judge Koh; Apple has a big decision to make

Posted: , by Alan F.

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Apple, Samsung each cut back on claims for Judge Koh; Apple has a big decision to make
While you spent your fourth of July at the beach, soaking in the sun, listening to the play-by-play of the local baseball team, and reading phoneArena on your mobile browser, the highly paid attorney's for both Apple and Samsung had a much different Independence Day. They were in an office somewhere, strewn with empty pizza boxes, Chinese food cartons and legal pads. Their day consisted of brainstorming, trying to reduce the number of claims that their clients want to present in court in front of Judge Lucy Koh.

Judge Lucy Koh

Judge Lucy Koh

Judge Koh has managed to get both sides to cut the number of claims by imposing strict time and exhibit limits and by declaring summary judgments on some of those issues. This is when a judge feels that enough evidence has been presented prior to the trial, that the judge can make a decision on certain issues before they come up in trial. Before the latest cutting was done, Apple had a dozen claims against Samsung that it was going to present while Samsung had a half-dozen against Apple. The latter decided to drop one patent claim which, as it turned out, was the same multi-touch patent that a U.K. judge ruled was invalid the other day. Samsung's request for summary judgment on all 12 claims against it was denied.

Apple has also dropped "trade dress" claims against the Samsung GALAXY Tab and the F700 side-slider handset, but has added a list of new Samsung devices it feels infringe on Apple patents. While Samsung didn't drop the number of its patents it claims were illegally used by Apple, it did drop the number of claims deriving from those patents from 15 to 9. Later this week, Judge Koh is expected to make a ruling on whether the trial can soon start.

An injunction has been ordered against the Samsung GALAXY Nexus

An injunction has been ordered against the Samsung GALAXY Nexus

That brings up a big decision for Apple. The judge has told Apple that if it wants to add another device to the case, she will have to delay the trial until she rules on the new motion. Considering the strength of the '604 unified search patent (now becoming known as the Siri patent) on the Samsung GALAXY Nexus injunction, Apple could decide to put the trial on hold while it goes after the Samsung Galaxy S III using '604 and the "data tapping" patent.  If you were in Apple's shoes, what would you do? Here would be a chance to ban sales of the one Android phone that could actually challenge the Apple iPhone when it cones to sales. It would nip the competition right in the bud, confuse consumers, and with the Summer Olympics bringing on a new round of nationalism, it could cover turn this case into a U.S. vs. Korea battle and give Apple a number of new fans who would be buying the Apple iPhone because it would be viewed as something good for the country.

On the other hand, Apple might just want to get the trial moving, feeling confident that it can win at trial and do some permanent damage to Samsung and Android, or at least force Samsung to pay to license the patents in question. Either way, expect a hard fought battle on both sides of the bar.

source: electronista

18 Comments
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posted on 05 Jul 2012, 06:23 2

1. ogiveyakuza (Posts: 21; Member since: 20 Mar 2012)


the only way for samsung to win is, get Alan Shore as ur lawyer..

posted on 05 Jul 2012, 09:46

11. sid07desai (Posts: 256; Member since: 03 May 2012)


or Harvey Specter :)

posted on 05 Jul 2012, 11:59

14. ogiveyakuza (Posts: 21; Member since: 20 Mar 2012)


or perhaps, myb Denny Crane can help them...

posted on 05 Jul 2012, 22:24

17. bayusuputra (Posts: 941; Member since: 12 Feb 2012)


or me as the judge..

posted on 05 Jul 2012, 06:29 21

2. wendygarett (unregistered)


US judge is not as smart as UK :(

posted on 05 Jul 2012, 10:53 2

13. samsungIScopycat (banned) (Posts: 27; Member since: 05 Jul 2012)


US judge is way smarter than UK

posted on 05 Jul 2012, 06:34 2

3. plgladio (Posts: 311; Member since: 05 Dec 2011)


Lets wait till the case completes. Until then finger crossed.

posted on 05 Jul 2012, 06:54 6

4. RORYREVOLUTION (Posts: 2973; Member since: 12 Jan 2010)


I wonder how many cars and houses apple lawyers have been able to afford now a days

posted on 05 Jul 2012, 06:55 1

5. mercorp (Posts: 969; Member since: 28 Jan 2012)


I guess I need a living buddha to solve this problem.

posted on 05 Jul 2012, 07:08 18

6. Aeires (unregistered)


People buying a product made in China and calling it US nationalism, what a stretch.

Apple needs to let it go. All they need do is look at how Oracle got beat down and realize it could be worse for them when Google gets involved. The Siri patent isn't going to hold up do to the overwhelming amount of evidence leaning towards existing technology, and it's too vague on top of that. It'll be just another patent that gets invalidated along with the rest of the ones recently thrown out. Apple, stop while you're ahead and let your technology speak for itself, us consumers will decide in the end who we feel is the best.

posted on 05 Jul 2012, 10:13 1

12. maxican16 (Posts: 363; Member since: 29 Sep 2011)


I couldn't agree more with everything you said. Especially your first sentence. What the hell is this author smoking?? I think he's stating what he hopes is possible, cause honestly, who's going to come to that conclusion? What a load of nonsense.

posted on 05 Jul 2012, 07:09 1

7. jroc74 (Posts: 4732; Member since: 30 Dec 2010)


So wait a min....all this hoopla and it can still go to trial...?

So really....it can go to trial and wind up in favor of Samsung? Or am I missing something? Theres always a chance in trial. Look at Google vs. Oracle.

posted on 05 Jul 2012, 07:22 5

8. tiara6918 (Posts: 1402; Member since: 26 Apr 2012)


Can't the judge consider if Samsung would just make an update for the Galaxy S 3 that would remove the patent that apple claimed to have an infringement? The competition would be totally unfair if Apple would add another device in the case, Samsung is not the only one who made a patent infringement but apple too...

posted on 05 Jul 2012, 07:45 1

9. dashing123 (Posts: 17; Member since: 04 Jul 2012)


this court news keeps getting boring.

posted on 05 Jul 2012, 09:24 7

10. Doakie (Posts: 1251; Member since: 06 May 2009)


These effing judges need to realize that a Sales Injunction against violating devices is over compensation and really it's an anticompetitive tactic. Apple is unwilling to licence these patents that it was granted, which is a way of harming their competitors rather than making money off their healthy competition. They would rather rule all smartphone sales and reap all the benefits. Don't these judges understand that by helping Apple to systematically remove their competitors because it refuses to license will lead to an Apple monopoly? Google should allow them to ban all Android devices then sue Apple and Judge Koh(joke)for anticompetitive practices. Apple making the profit margins on iPhones so high obviously has made them stinking rich so Samsung sales hadn't killed their profitability. They just want more sales, more money, and higher share prices... I hope Apple dies an agonizingly slow death now that jobs isn't leading it.

posted on 05 Jul 2012, 17:20

15. roscuthiii (Posts: 1801; Member since: 18 Jul 2010)


The injunction was the win for Apple; they're going to ride that out for as long as they can. Tie everything up in courts with lawyers using sophistry and obfuscation, backed by vast cash reserves to bleed their competitors out. While a great legal battle strategy worthy of Sun Tzu, it's a deplorably immoral and unethical business model.
Due to both prior art and the overly broad verbiage they have to realize they're on the verge of another invalid patent.
It's like using NOS as a boost to win the race... it's all triumph & glory, until it explodes in your face.

posted on 05 Jul 2012, 19:40 2

16. joey_sfb (Posts: 2909; Member since: 29 Mar 2012)


I would like to know which parts of iPhone is made in the USA? From what i have heard its made by the slave labour of China.

When you hold an iPhone in your hand, remember who are the people that made it possible. The Chinese population labored in hash working condition to make a iPhone so that Apple could keep the cost low while selling it at a premium price due to the high demand.

I just wish more manufacturers would consider alternative other than out source everything to China creating an imbalance in our modern economy.

We reaped what are sowed. We are selling away our freedom and our children's freedom if we don't restore this imbalance.

Short term gain vs Long term stability.

posted on 06 Jul 2012, 12:40

18. iami67 (Posts: 318; Member since: 18 Oct 2011)


The more I read articles from this site the more i wonder why i read articles from this site. Do any of the authors for phonearena.com know what they are talking about. To say apple is good for the country (us) Is ridiculous. Apple goes against everything the Us constitution stands for. First off get your facts straight The iphones are made in china not us so doesnt help us there. And in china they are so underpaid the employee have mass suicide. Everything about apple is made over sees and shipped here. Then the people who sell the product are told at what price they have to sell it at or else. And apple charges them a ridiculous price just to stock the product so the store make very minimal while apple makes a ton and keeps it all to themselves. Apple has and always will be the most greediest company around. The authors on this site have me convinced that apple pays them for every good thing they say about apple

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