Judge Koh asks Apple and Samsung to each lower the number of claims for 2014 patent trial

Judge Koh asks Apple and Samsung to each lower the number of claims for 2014 patent trial
Apple and Samsung's second patent trial, "the thriller with manilla folders," is not scheduled to begin until late March of 2014. But already, Judge Lucy Koh has started to lay down some of the ground rules. In an order issued to both sides late Wednesday, the judge is requiring Apple and Samsung to limit the number of accused products to 10 for each side. Apple has an alternate proposal on the table which would allow each side to accuse "representative products" and if any of these are found to infringe on a patent, similar products can be included.

Koh is limiting both sides invalidity arguments (arguments made why the other company's patents are invalid) to 15. If each side were to claim that the other infringed on 5 patents for example, that would allow both firms to give three reasons why each patent is invalid. Judge Koh has limited the trial to 12 days which means that eventually we will see limits on the number of expert witnesses each side can present, and a limit on the amount of time that a witness can be questioned on the stand. This is nothing new as both sides faced similar limits during the first trial, which ended in a jury awarding Apple a huge award. Samsung is currently appealing the decision.

In December, Judge Koh will start making her summary judgment rulings which would leave either side with fewer patents to argue about. In a previous order, Koh ruled that for the summary judgment hearing each side would be limited to 10 claims from 5 patents. After the summary judgment rulings are made, starting on February 6th, each side would be limited to 5 claims for the actual trial.

source: electronista

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21 Comments

1. sheik

Posts: 249; Member since: Sep 12, 2012

sheesh, i am tired of this patents suing already

3. TROLL

Posts: 4851; Member since: Apr 13, 2012

Blame that bad fruit, who started all this™

8. Hemlocke unregistered

Is it tiring, being wrong all the time? Nokia launched the smartphone patent wars (Against Apple), followed by Samsung shamelessly and blatantly ripping off Apple. Do you think it was any accident that Samsung made components for the iPhone, then changed course and design language to create a phone that looked like the iPhone? Take off the fanboy blinders. There are very few reasonable people who don't agree that the Galaxy S was an iPhone copy.

9. raunak

Posts: 507; Member since: Oct 12, 2011

Samsung did copy Apple shamelessly though. First with Galaxy S and then with S-Voice.

12. Nephylim

Posts: 134; Member since: Apr 04, 2013

@raunak go to fk yourself

20. anywherehome

Posts: 971; Member since: Dec 13, 2011

1) Samsung ACE is very similar to iPhone 2) SGS not so much = SGS was sold more times than ACE = you lie = the design is important just to d*mb iShe*ps :) my dear, use more logic...but I don't expect it from Apple customers :)

22. MEeee

Posts: 403; Member since: Oct 19, 2011

Vocie Talk (now called S-Voice) existed in the S2 and released 6 months before 4S. What about iOS pulldown notification center?

17. chocolaking

Posts: 495; Member since: May 22, 2012

I disagree.. Samsung Started all the copying from Apple's design from scratch.

19. anywherehome

Posts: 971; Member since: Dec 13, 2011

you mean a rectangle and icons 50 years old, you brainwashed :) and what do you say to stolen statusbar and every new feature in iOS stolen from Android? :)

18. anywherehome

Posts: 971; Member since: Dec 13, 2011

don't forget that this state have caused just Apple+Microsoft because they are not able to compete, innovate I know that there always had been some patent issues but rotten Apple+Microsoft have made it exaggerated Microsoft has even bribed eg. Slovakia where you can not pay taxes without Windows!!! see: bit [dot] ly/RYzOPP

2. TROLL

Posts: 4851; Member since: Apr 13, 2012

Apple stop that now you patent TROLLS™

4. xperiaDROID

Posts: 5629; Member since: Mar 08, 2013

Geez........do they get tired of doing this stupid suing thing? The story of SamDUNG v.s Fruit continues.............

5. TROLL

Posts: 4851; Member since: Apr 13, 2012

AlanF who is FAUGUY in PA?

6. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

And this could all be moot when the Appeals court rules. It is a shame that everything couldn't be suspended pending the ruling. Attorneys gotta make McMansion payments and what-not, however, so the drama continues.

10. alpinejason

Posts: 262; Member since: Sep 06, 2011

Thought Tim didn't believe in lawsuits

11. FlushGordon unregistered

A bit off topic, Been reading all about patents and I didn't know you could patent an agricultural seed. ... like storing/keeping a seed from a yielded crop is ILLEGAL and you could face detention or fine for doing such (Monsanto patents)....I was like wow...this is how totally F'ed up the US patent syatem is.

13. jsdechavez

Posts: 784; Member since: Jul 20, 2012

"the thriller with manilla folders," -laughing so hard on this. Only boxing people will know.

15. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

"Only boxing people will know." Only those who were around before a certain point in time will know. Unless they are Ali fans. They would also know if they are Frazier fans, too.

14. yyuu1000

Posts: 260; Member since: Jul 26, 2012

just stop it

16. deadstroke

Posts: 113; Member since: Jan 22, 2013

stop this crap!!

21. Aeires unregistered

Another circus getting ready to begin. 12 days for something of this magnitude isn't enough time for either side to make proper arguments. Koh is just placing ridiculous restraints on the trial, just like she did last time. What should happen the next time is another judge should take the case. Koh is a rookie judge presiding on a case far above her skill level. Last trial proved her lack of experience, don't expect much different in the next one.

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