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Apple's motion to speed up trial denied, Samsung wants change in Cupertino's legal team

Posted: , by Daniel P.

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Apple's motion to speed up trial denied, Samsung wants change in Cupertino's legal team
Apple asked for its Samsung federal trial to be sped up and for a hearing on this July 21st, but the court has denied the request, saying this wouldn't give Samsung adequate time to prepare, and set the date for August 24th. The expedited trial request asks for the jury trial to begin as soon as February 1st 2012. Meanwhile Cupertino can probably use its ITC complaint for freezing of US sales of the Samsung products that are allegedly infringing on Apple's patents, although it's rather unlikely for such request to be granted.

While waiting to hear on the court's verdict about the hearing urgency, Samsung didn't just stand still. It filed a motion for a bunch of lawyers on Apple's legal team to be dismissed due to conflicts of interest.

It turns out that the recently formed Bridges&Mavrakakis, which obviously has its hands full with Apple's lawsuit against Samsung, employs plethora of people who have worked on other cases for Samsung itself, and some as soon as the beginning of this year. Samsung says this will represent unfair advantage, since this people might know some trade secrets that were disclosed to them during the case preparatory phase, despite that those cases haven't been directly related with Apple's accusations against the South Korean company.

Apple also filed a complaint with the ITC against Samsung precisely since a regular court case is usually going on for years, instead of months with the ITC. It seems, however, that Samsung's legal team has some tricks up its sleeve to extend timing on this one as well, after it withdrew its own case from California court, focusing on the other defense. Here's what the court had to say about Apple's request for urgent hearing on expediting the trial:

"Moreover, Apple indicated at the May 12, 2011 hearing that it had been aware of its infringement claims for at least a year and engaged in negotiations with Samsung during that time. See Transcript of May 12, 2011 [...] ('there have been extended efforts . . . to resolve this problem short of litigation. . . . they've been going on for at least a year'). The Court agrees with Samsung that the length of time Apple has been aware of its claims and the long history of infringement alleged in the complaint undermine Apple's claims of urgency to some extent."

Pass the popcorn, sweety, there will be plenty of entertainment here!

source: FOSSPatents

30 Comments
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posted on 14 Jul 2011, 02:45

1. herbie1960 (Posts: 14; Member since: 03 Jan 2011)


....ok

posted on 14 Jul 2011, 02:55 5

2. android_hitman (Posts: 594; Member since: 07 Jul 2010)


the judge it's an Android fan :))

posted on 14 Jul 2011, 03:03 6

3. rocko0011 (Posts: 34; Member since: 08 Jul 2011)


Apples now thinking of how to sue the judges lol

posted on 14 Jul 2011, 04:05

4. PhoneLuver (Posts: 466; Member since: 05 Jul 2010)


So, it seems as though a lawsuit was a last resort by Apple...

posted on 14 Jul 2011, 05:27 4

5. som (Posts: 768; Member since: 10 Nov 2009)


if Apple were the first auto maker on earth may be no other auto makers could built cars with 4 wheels. Apple will filed lawsuits for everything. Apple must known today every companies are copying from each others. This is a world of competition and copycat. Sorry spoiled APPLE there is no SAMOLED Plus and 20nm chips for you.

posted on 14 Jul 2011, 05:28 3

6. Stupid apples (unregistered)


Does JOBS realize that all these lawsuits make APPLE look bad..... Dont get me wrong I love apple products- but I dont think I gonna be purchasing them anymore for the fact that they are tring to 'freeze' the compition....
APPLE YOU FAIL!!!!!!!

posted on 14 Jul 2011, 10:19

9. taz89 (Posts: 2014; Member since: 03 May 2011)


think apple should just carry on what they best at which is selling people hardware...there sales are still going up and should accept that there will always be competition instead of suing competition....also they dont seem to be doing well in courts at the moment...

posted on 14 Jul 2011, 19:50

27. stealthd (Posts: 956; Member since: 12 Jun 2011)


Considering the public is oblivious to these court cases and tech companies are actually suing each other all the time, no, this doesn't make Apple look bad at all.

I don't think Apple's worried about losing the devotion of people who don't understand patent law and think these cases are just the same as school-yard fights (ie, phonearena's commentors), as that's a pretty tiny demographic.

posted on 14 Jul 2011, 09:23

7. snowgator (Posts: 3209; Member since: 19 Jan 2011)


Be very interested to see if judge makes them change legal times. Then, Apple will file to delay trial, which will be granted, which will push this thing back to, oh say 2013 ........

posted on 14 Jul 2011, 09:39 3

8. remixfa (Posts: 13903; Member since: 19 Dec 2008)


they should turn this into a daily soap opera on TV. "As the smartphone turns".

posted on 14 Jul 2011, 10:36 3

10. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Apple has a right to protect themselves from copycats. That's why we have patents.

posted on 14 Jul 2011, 13:21 1

15. deezy (Posts: 46; Member since: 10 Feb 2011)


I don't see where samsung is copying apple considering the touch screen was developed by Sam Hurst and Elographics, first smartphone was IBM, and Apple seems to have copied "ideas" from Palm, Nokia, Windows and Blackberry. It was also a huge lawyer battle as to who actually developed the multi touch sensor. Apple compiles components from other companies and makes it into a device and they think they have the right to sue everyone else?

posted on 14 Jul 2011, 16:34 1

21. rican (Posts: 132; Member since: 02 Jul 2011)


here we go again taco..random vague comment trying to stir up s**t.

posted on 14 Jul 2011, 19:52

28. stealthd (Posts: 956; Member since: 12 Jun 2011)


The people down voting you don't understand the difference between "copying" in everyday language and "patent infringement". It's sort of like listening to politicians discuss global warming.

posted on 14 Jul 2011, 10:58 1

11. Sniggly (Posts: 6997; Member since: 05 Dec 2009)


Heh. At least the judge is making overtures of being fair to Samsung.

Interesting that Apple tried to negotiate first; I wonder what they wanted from Samsung that Samsung wouldn't grant.

And give it a rest, Taco. There are only a couple of similarities between the iPhone and Galaxy S series, and Apple filed infringement claims on a plethora of phones Samsung sells which are NOTHING. LIKE. THE IPHONE.

posted on 14 Jul 2011, 14:14

18. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Yes they sell phones that aren't like the iPhone and Apple has no complaints about that, but if you look at the Galaxy S and their new tablet it's obvious Samsung went for a look like Apple's. The shape of the body is very similar. They come in black and white just like Apples products and their UI looks very similar at first glance. Their trying to profit of what Apple made popular. Remember when iPad 2 came out and Samsung said we see we need to do better now to compete. What did they do? Made the product thinner to look more like the iPad.


Of course Apple tried to negotiate first. They're not as sue happy as everyone thinks. Everything Apple gets reported is in the news, but you think these other companies don't sue each other? Look at microsoft now demanding payments for every andriod phone. It's the standard in the industry. You want to use something we created, pay for it.

posted on 14 Jul 2011, 18:07

23. remixfa (Posts: 13903; Member since: 19 Dec 2008)


thats right.. if you hold up a galaxy S to an iphone, they do look very similar.. widgets, pulldown notifications, customizable screens..


oh wait.. thats because apple is blatantly ripping off android with iOS5.

wooooooopsie...

of course the galaxyS comes with a bigger better screen, 4 buttons instead of one, its thinner and lighter, removable battery, front facing camera that works on 3g ...... and it doesnt have a flash on the camera (wth!?)

i can see where they are exactly alike.. right ? im sure millions of customers got confused between the two and will accidentally buy the iphone thinking it was android...
LOLOLOL.

posted on 14 Jul 2011, 19:23

26. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


so you can tell all this stuff by looking at the device?

No you can't moron. When you look at them side by side they look very similar.

You forgot to mention live wall paper and trojan horse apps

posted on 14 Jul 2011, 19:53

29. stealthd (Posts: 956; Member since: 12 Jun 2011)


They don't have to be obviously similar to infringe on a patent, why is that so hard for you to understand?

posted on 14 Jul 2011, 12:33

12. ghost_uwi (Posts: 47; Member since: 05 Nov 2010)


ok who says reality tv show

posted on 14 Jul 2011, 12:46

13. ProteinShake (unregistered)


^ HAHA and Sniggly will be the one *** guy that every reality tv show has obsessing over the little green guy that doesn't want him.

posted on 14 Jul 2011, 13:21 4

16. Sniggly (Posts: 6997; Member since: 05 Dec 2009)


And so what if I am ga.y? Your insult doesn't make any coherent sense.

posted on 14 Jul 2011, 14:14

19. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


*ghey

posted on 14 Jul 2011, 12:46

14. ProteinShake (unregistered)


g@y**

posted on 14 Jul 2011, 13:55 3

17. SuperAndroidEvo (Posts: 4010; Member since: 15 Apr 2011)


OK!
ProteinShake if you have nothing useful to talk about then just read & keep quiet. No one wants to read on how you can call people as you say g@y. You sound weak man! Real mature! You would never call anyone that face to face anyway. You are a coward. You are only a tough man on the computer! lol

posted on 14 Jul 2011, 14:46 2

20. snowgator (Posts: 3209; Member since: 19 Jan 2011)


Really dude? Phones mean that much to you that you take cheap shots like that? Even as Gemini and taco go back and forth with Sniggly and the rest of the Droid supporters, their shots are usually about the devices and harmless banter. There are plenty of blogs out there to spout your homo-phobia. State your opinion on mobile, and move on.

posted on 14 Jul 2011, 17:37 1

22. Tmachaveli (Posts: 425; Member since: 01 Apr 2011)


@ proteinshake that was a dumb ass thing to say dumb ass appleboy if u gonna say something say something that has to do on the subject we are talking about..we dont need that on here

posted on 14 Jul 2011, 18:16

24. ProteinShake (unregistered)


HAHAHAHAHAHHAHAHAHAHAHHAHAHAHAHAH!!!! wow, you guys are so sad it's hilarious. I could probably woop all of your candy asses at once while making a phonecall.

posted on 14 Jul 2011, 18:24 1

25. gallitoking (Posts: 4684; Member since: 17 May 2011)


whoop their candy asses...lol.. . wow sounds like a The Rock follower.. we need to get The Miz involved here... so we can have a wrestling match.....

posted on 14 Jul 2011, 21:15 1

30. RORYREVOLUTION (Posts: 2971; Member since: 12 Jan 2010)


20 Bucks says it IS the Miz. Why else would he go after Sniggly like that? Sniggly has been owning the Miz on multiple articles on here and clearly is butt hurt over it.

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