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Apple and Samsung submit their final post-trial motions to Judge Koh before the December 6th hearing

Posted: , by Alan F.

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Apple and Samsung submit their final post-trial motions to Judge Koh before the December 6th hearing
If you have been following the latest in the Samsung-Apple patent battle as closely as you watch the latest LiLo mishap on TMZ, you know that on December 6th, Judge Lucy Koh will be entertaining post-trial motions from both tech giants. Both firms submitted the final versions of their pleadings to the court on Friday with a 12 midnight deadline staring them both in the face. We already know that Samsung is asking Judge Koh to toss the original verdict and order a new trial based on the peculiar actions of one Velvin Hogan.

Hogan ended up as jury foreman, a position he no doubt cherished and strove for, if you believe Samsung's turn of events. The Korean manufacturer is trying to convince the judge that Hogan had a vendetta against the company based on its relation to Hogan's former employer, Seagate Technology. The burden of proof is on Samsung to convince the judge that not only did the elderly inventor lie to the court through some omissions, but that his misconduct led to the verdict in favor of Apple. Considering that Hogan did put himself in the role of foreman and also taught the jury how the patent process works (albeit using incorrect legal theory), it would seem that he did have a big hand in determining the verdict although we will leave it to Judge Koh to make that determination.

An example of Apple's '381 rubber-banding patent

An example of Apple's '381 rubber-banding patent

Apple seeks to have a portion of the $1.05 billion awarded to the company tripled, which can be done when a defendant is deemed to have wilfully infringed on a patent. More importantly to Samsung, Apple seeks permanent injunctions on the devices that infringed on Apple patents according to the jury. Samsung's response that Apple had allegedly licensed its multitouch OS to the competition led to a response from Apple that such licenses were rarely given and should not stand in the way of a permanent injunction.

The recent move by the patent office to declare Apple's '381 rubber-banding patent invalid has led Samsung to note that its actions to use '381 should no longer be considered a willful infringement since it was reasonable to expect the patent to be declared. According to FOSS Patents, this was the only patent that "Apple asserted" during the trial. A ruling by the judge in Sammy's favor would mean that the damage award would not be subject to being tripled.

We're sure the legal team for both sides are polishing up their legal knowledge, washing their legal briefs, and will be ready for whatever Judge Koh throws at them on December 6th.

source: FOSSPatents

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16 Comments
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posted on 10 Nov 2012, 14:28 4

1. nwright94 (unregistered)


Lets just hope this all ends. It's gone on long enough.

posted on 10 Nov 2012, 17:22 8

12. AnTuTu (Posts: 983; Member since: 14 Oct 2012)


Lets hope Sammy wins this case like I said couple of weeks back "Truth always wins"...!!

posted on 10 Nov 2012, 15:18 8

2. blingblingthing (Posts: 459; Member since: 23 Oct 2012)


Go Sammy Sammy go.

posted on 10 Nov 2012, 15:22

3. BadAssAbe (Posts: 434; Member since: 22 Apr 2011)


What kind jurors made up the jury?
Blackberry, winPhone and dumb phone users

Too dumb to try an android phone
or
Too poor to afford a iPhone
or
worse, both

posted on 10 Nov 2012, 15:30 7

4. nwright94 (unregistered)


I'm sorry but intelligence doesn't determine which phone you should use. It's personal preference. My grandmother uses an android phone but has no clue about anything tech. Most of my professors use iPhones, and they're hopefully not dumb. You shouldn't stereotype like that. Yes, people who aren't tech savvy would usually gravitate towards the iPhone as those who are well versed in tech would be drawn toward android but not every person who uses android is smart and not every person who uses an iPhone is rich.

posted on 10 Nov 2012, 15:42 1

5. BadAssAbe (Posts: 434; Member since: 22 Apr 2011)


HAHA You call iPhone owners dumb, troll success!
:-) ;-) =-O

I never said iPhone owners were dumb, i gave them a praise

posted on 10 Nov 2012, 15:49

6. sarb009 (Posts: 294; Member since: 15 Jun 2011)


Shooo troll

posted on 10 Nov 2012, 15:50 6

7. nwright94 (unregistered)


I never called them dumb too. I said they weren't tech savvy. That doesn't determine intelligence.

posted on 11 Nov 2012, 01:11

15. Hemlocke (unregistered)


That stereotype is just moronic. Go to XDA and ask some of the top devs what their daily driver phone is...more than you would like to hear will tell you "iPhone."

posted on 10 Nov 2012, 17:02 2

10. pkiran1996 (Posts: 165; Member since: 22 Oct 2011)


@BadAssAbe you're the troll. He never said iPhone users are dumb. Either you misunderstood it or you can't read. You're also narrow-minded and ignorant for calling BlackBerry and Windows Phone users dumb.

posted on 10 Nov 2012, 20:32 1

14. lyndon420 (Posts: 1789; Member since: 11 Jul 2012)


A 'dumb phone' is just another term for feature phone...like the older flip phones and whatever else was around at the time 9+ years ago.

posted on 10 Nov 2012, 16:16 4

8. ramonleonjr62 (Posts: 48; Member since: 17 Oct 2012)


AT THE END..THE TRUES WILL COME OUT

posted on 10 Nov 2012, 16:40 5

9. lyndon420 (Posts: 1789; Member since: 11 Jul 2012)


Could you imagine what would happen if apple started making automobiles? They'd probably start with getting a patent for circles.

posted on 10 Nov 2012, 17:08 3

11. chadrick0814 (Posts: 208; Member since: 23 Nov 2011)


We'll soon see with TVs. Goodbye rectangular TVs with rounded corners.

posted on 10 Nov 2012, 18:26 4

13. wizzardtech (Posts: 59; Member since: 12 Mar 2012)


maybe the Jurors are smokin crack too or maybe dont know what patent is all about. Hope this time truth will prevail and put a stop on this greedy and evil cra**le

posted on 11 Nov 2012, 07:32

16. ronjr123 (Posts: 63; Member since: 16 Feb 2012)


Regardless of the outcome in December, they party that feels they have lost will appeal. This is not over by any means. Each side has too much invested. Both monetary and emotionally.

You just get the feeling that it is personal now.

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