Rejected: Judge Koh denies Samsung's request for a stay of damages retrial
Last week, while the case was going to the jury, the USPTO issued an advisory action which invalidated the '915 pinch-to-zoom patent. Samsung quickly filed for an emergency hearing to stay the trial since the patent is involved in the suit. Samsung says that Apple has only one last place to appeal the decision although the Cupertino based tech giant actually has a few options left open to reverse the USPTO's decision, according to the Judge.
Judge Koh, in rejecting Samsung's request for a stay of the trial, says that Apple could still file a second response to the USPTO's Final Office Action. If that fails, Apple can still go to the Patent Trial and Appeal Board. And if that doesn't give Apple what it wants, it can appeal a PTAB decision in Federal Court.
The Judge finds Samsung's arguments "unconvincing" and says the best course of action is to hand down a final decision in District Court and let Samsung appeal the decision in Federal Court.
source: Scribd via AppleInsider
1. D.Aceveda (Posts: 360; Member since: 30 Jun 2012)
Lol whoever Awarded them that patent is retarded. While you're at it, award Ford a patent for a "transportational vehicle with 4 points or entry(doors)"
2. androiphone20 (Posts: 1472; Member since: 10 Jul 2013)
As far as it goes Samsung wants to keep dragging on with the case, it comes to zero surprise to anyone with half a brain that Sammy just has to pay up. What gives? check it outhttp://cdn1.appleinsider.com/1
8. vincelongman (Posts: 1313; Member since: 10 Feb 2013)
That infographic is heavily biased, it doesn't have the Samsung F700, which they showed off in 2006 (before the iPhone) and applied for a design patent (however rejected because HTC had a similar looking phone).
13. ajac09 (Posts: 1367; Member since: 30 Sep 2009)
it will go into appeals anyway. Higher court will look at it and think ts worth doing again eventually they will get their way and justifiable since this judge ignored alot of facts
23. ghaniosman (Posts: 64; Member since: 06 Jun 2013)
apple says every phone which has rounded corners, screen placed in the middle, a button at the bottom, slim profile copies an iphone..if anyone agrees with that has that half brain also retarded
3. androiphone20 (Posts: 1472; Member since: 10 Jul 2013)
E-mail between Samsung execs : Dude f*!k it, we're copying this phone. We have a design crisis our junk looks like crap and this phone easily trumps the competition. Lets fire this up we'll pay for the damages after we make a name for ourselves...
7. androiphone20 (Posts: 1472; Member since: 10 Jul 2013)
failure to express a reason why you think otherwise you resort to name calling, that's genius
11. darkkjedii (Posts: 11908; Member since: 05 Feb 2011)
Samsung fanboys are in mourning rite now bro. Anything you say will hurt their wittle fiwings lol +1
16. Taters (Posts: 3259; Member since: 28 Jan 2013)
He doesn't need to express a reason why. Just looking at your posts and your really poor reasoning skills tells us that you are a retard....
17. darkkjedii (Posts: 11908; Member since: 05 Feb 2011)
So are you, we look at your posts too. You're simply mad that he's an apple guy, when people rag on apple you applaud them, but he's gotta be a retard huh? Mr. Pot may I introduce you to Mr. Kettle...
21. Taters (Posts: 3259; Member since: 28 Jan 2013)
My reasoning is always sound with facts and statistics to back them up. Whenever I trash Apple there is evidence to back up my statements. He just shows an Apple fanboys bias perspective and parades them as facts. Huge difference.
You are pretty bad too at conveniently overlooking ifans being unreasonable.
22. darkkjedii (Posts: 11908; Member since: 05 Feb 2011)
Oh taters c'mon bro. You say some of the most childish stuff about apple, to ensure green thumbs. Hey today just is Sammy's day...suck it up buddy
15. JunitoNH (Posts: 927; Member since: 15 Feb 2012)
And you are an idiot in a fantasy world. Thank God lawyers, judges, look at the evidence, and are not fanboys.
10. darkkjedii (Posts: 11908; Member since: 05 Feb 2011)
Lmao good one. "Dude f*!k it" I'm rolling picturing Sammy's CEO saying something sooo American. +1 man lol
5. Damitel (Posts: 65; Member since: 21 Apr 2013)
APPLE leave Sammy alone and innovate, Samsung is not your problem but still living on the past glories of Steve Jobs. Many companies once looked up to you to draw inspiration but that's not the case again. Why is it only in USA that Samsung are guilty of your divine claims? Leave Sammy alone.
20. darkkjedii (Posts: 11908; Member since: 05 Feb 2011)
So now you're SammerMan. Look up in the ski, it's a galaxy, it's a note 3, no it's SammerMan defender of all things Samsung. Da da daaaaa
9. darkkjedii (Posts: 11908; Member since: 05 Feb 2011)
Samsung pay the tab, and keep it moving. Lick your wounds and keep pumping out galaxy's. Galaxy S's, notes, grands, toasters, candy bars, pickles etc lol.
18. darkkjedii (Posts: 11908; Member since: 05 Feb 2011)
Yeeaaaah, I'm also gonna buy the new Galaxy S "Techie" to go along with my Galaxy S Water Hose, and Galaxy S Pen Cushion, and Galaxy S Kitten
19. darkkjedii (Posts: 11908; Member since: 05 Feb 2011)
My Galaxy S Kitten has customizable meows. LMAOOOOO. Did I mention, I bought him a Galaxy S Litter Box?
14. johnbftl (Posts: 202; Member since: 09 Jun 2012)
Samsung should be filing a motion to have Judge Koh removed from presiding over this trial and over the upcoming trial. She has shown herself to be incompetent at best. She did not do her diligence in making sure all jury members met the requirements to serve, making the foreman biased against one side. She limited both plaintiff and defendant's case presentation and witness examination time. She has been ridiculous all around. It's a billion dollar lawsuit, well now with jury decision multi-million. There is no reason or excuse for the actions she has taken. Both parties should actually be requesting her dismissal as presiding judge. Apple has had over half a billion vacated because of her actions.