Judge Koh continues Samsung's legal slump by denying all 12 summary judgment motions

Judge Koh continues Samsung's legal slump by denying all 12 summary judgment motions
Judge Lucy Koh continued Samsung's recent slump in the courtroom on Saturday by striking down completely a motion made by the Korean manufacturer for summary judgment on 12 claims. On Friday, Apple won an injunction against the Samsung GALAXY Nexus, a decision ordered by Judge Koh. Just a few days before that, the Judge issued an Apple-requested injunction on the Samsung GALAXY Tab 10.1 tablet.

In the latest decision, Samsung had asked for summary judgment on each Intellectual Property right claimed by Apple at this point in the trial. Unlike Samsung's decision to go after all of Apple's IP's involved in the case in one fell swoop, Apple's legal team had a different game plan. They hand picked just 3 out of the 7 Samsung patents involved in the suit, and was able to be victorious on one of them. Ironically, that might lead to Apple having to withdraw some of its claims against Samsung and reassert them in subsequent litigation. That is because summary judgment was able to reduce the claims against Samsung by just one. With the Judge saying that there is not enough time to hear every argument, Apple could be forced to reduce the number of claims it makes. The Korean based tech giant has said that the case is not trial ready until Apple trims the number of claims against it.

But Apple has to make some decisions. With the success of its Siri patent against the Samsung GALAXY Nexus, Apple could go after the Samsung Galaxy S III which strategically would make sense considering how hugely popular the device is. The Samsung Galaxy S III could realistically be the toughest competition that the Apple iPhone faces this year. If Apple does decide to go after the Samsung Galaxy S III, it will need to postpone the trial against Samsung this summer while motions are heard.

Comments by the Judge in the Samsung GALAXY Tab 10.1 case indicate that the Judge feels strongly that Samsung is flooding the market with devices that infringe on Apple patents. Samsung can still defeat Apple in a trial, but the indication from the bench, with all of these recent rulings from Judge Koh, are certainly not a good sign for Samsung.

source: FOSSPatents



1. wendygarett unregistered

Patent Troll Episode 503

13. Otterbox

Posts: 71; Member since: Jun 27, 2012

More like a slice of the justice pie.

24. iShepherd

Posts: 38; Member since: Oct 17, 2011

Yeah let's sue every phone manufacturer that's not Apple out of existence. This way we can have cheap $2000 iphones. If people can't take a loan out for it then they could just buy their newly patented iCan and iString for $200/piece. They may even throw in a proprietary charger for free.

36. Rocksteady unregistered

nice, thanks you saved me the effort, you just explained my thoughts. Have a nice day.

127. InspectorGadget80 unregistered

Yes lets STOP MAKING phones and let Apple be the only manufacteurer then they will realize that NOT EVERYONE wants to buy a iProduct from these greedy bastards then they will drop their law suit

163. Otterbox

Posts: 71; Member since: Jun 27, 2012

The iPhone price is no higher than a high end Android price when its first released. Only difference? iPhones don't become oudated as fast. Apple is still supporting older phones. Patents are there for a reason, to protect innovation and ideas you came up. Samsung has been guilty of copying many of the iPhone's ideas before.

249. KingGiner55

Posts: 1; Member since: Jul 03, 2012

Patents are there for a reason, to protect innovation and ideas you came up. Exactly. But the problem and reason I HATE APPLE is the fact that they patent ideas that have been out for years that the maker has wanted to be usable for everyone. For example slide to unlock was available at least five years before the first iPhone and they patented it and sued a lot of people over it causing a lot of money and time in development o come up with a work around all because Apple is a company of greedy heartless snobs. The only real loss that we see is the loss of innovation because Android IS leading the way in software I don't care how many devices have the latest. If you have Froyo you have more features than iOS6. And where would you be with your precious iDevices if Apple hadn't stolen soooooo many ideas from Android? And since Samsung has made several of the Nexus phones, by default, they are stealing from Samsung. And what on earth did this phone steal from the iPhone? There isn't a person alive that can't tell the diffidence unless they have multiple handicaps. #boycottapple

41. nak1017

Posts: 328; Member since: Jan 08, 2010

Wouldn't putting Jellybean on the phone replace the part of the software in violation of the Siri patent? No S-Voice, no problem...?

63. TechDroid

Posts: 37; Member since: Jun 14, 2011

There is no S-Voice on the Galaxy Nexus, so it's got nothing to do with that.

61. PackMan

Posts: 277; Member since: Mar 09, 2012

This bitch is trash compared to Posner.

117. taco50

Posts: 5506; Member since: Oct 08, 2009

And if tomorrow Posner sided with Apple you'd say he's trash too.

156. PackMan

Posts: 277; Member since: Mar 09, 2012

Yes, if his decision seems wrong to me, maybe I will. But Posner has better track record than this chicken head, not only in these patent cases but others too. Apple must have promised free supply of iPads for her periods. So its understandable. Apple -"Samsung copying our product is hurting our business irreparably." Ha ha what a load of bulls**t.

162. taco50

Posts: 5506; Member since: Oct 08, 2009

By wrong you mean any decision that sides with Apple. You're blinded by fanaticism.

194. LOLpple

Posts: 86; Member since: Jun 23, 2012

'fanatacism'. Three things: 1) That's a pretty big word for a retarded person, did you have an adult help you with that? 2) You accusing others of fanatacism. IRONY, look it up. 3) WELCHER TRASH, leave.

215. E.N.

Posts: 2610; Member since: Jan 25, 2009

Wow so we're sexist now? Interesting... I would never say comments like that for anyone reason, especially for a freaking phone company lol. But maybe that's just me, I've always been different...... Congrats Android is now the new cult. Come to think of it, I can't remember a time when iPhone users ever acted as radical. You guys are original, I like it.

193. LOLpple

Posts: 86; Member since: Jun 23, 2012

Oh yeah, almost forgot: WELCHER inbred hillbilly gutter trash.

101. -box-

Posts: 3991; Member since: Jan 04, 2012

It is disheartening seeing Koh do this. She was doing great being unbiased and open-minded, now she seems to be dancing to apple's tune. Hopefully this is a play to get apple to lower its guard so she can throw the book at them

137. E.N.

Posts: 2610; Member since: Jan 25, 2009

Or maybe this is a decision that any judge would have made given their arguments....... stop being so biased yourself

23. Gemmol

Posts: 793; Member since: Nov 09, 2011

I do not understand half of yall on this website, in my opinion, if you own a business and someone steal your ideas you sue them, but then yall bring up the point that Apple do not like innovation, if that is the case Samsung and other companies do not like innovation, since they are stealing from Apple....If samsung and other companies are so innovated why dont they just make new things and stop using stuff Apple sue them for.....Then yall bring up the part of Apple not innovated because they buy companies, this is true, but once you buy the company the patent become yours, so even if they do not make the product they own it, which does not give another company the right to copy them.....I own a Galaxy Note, so no I am not a Apple user, but if I were the CEO of Apple I would sue anybody who use any patents I own, if they want to innovated go ahead and make their own product with their patent......If I was the CEO of Samsung I would do the same.....I will not sit there and let a company make money of my patents, if you say letting people make money off your patents is okay with you, then you do not need to run a business.... I know that I will receive a whole bunch of negative votes because theres a lot of samsung owners on this website, including me, but I am just speaking my opinion.....look at things from a business point of view and not because you like a certain product and if you do not agree with me then its fine......the comment section is for where people voice their opinions, so I would love to hear your opinions

43. ilia1986 unregistered

A huge part of management is COMPANY ETHICS. Ethics dictate that a company will strive to do things which do not generally cause it direct profit - ethical things. BANNING A COMPETITIVE PRODUCT IS NOT ETHICAL. No matter how you look at it. If Samsung has indeed infringed upon patents from Apple - Apple could just demand Samsung to pay them some money to settle this. No need to demand an entire product to be banned. But no. Instead Apple choose to demand the Samsung Galaxy Tab 10.1 in Germany, Australia and US banned, and the Galaxy Nexus banned in the US as well. THAT IS UNETHICAL BEHAVIOR. Companies infringe of each other's patents all the time. Never before had a company demanded the absolute prohibition of selling the product in the entire country just because of patent infringement. Never before - until Apple and the lawyer death squad came along. Remember: Apple is the first company in the history of the world to demand a product banned due to patent infringement.

54. D.Aceveda

Posts: 432; Member since: Jun 30, 2012

Terri Schiavo probably had more intelligence than Taco50. Sad really.

195. LOLpple

Posts: 86; Member since: Jun 23, 2012

More personality too. And she wasn't A GODDAM WELCHER!

72. Gemmol

Posts: 793; Member since: Nov 09, 2011

I understand that, but as a company they should have the right to say no. If I have something and I do not want to share, I am guessing you would say I have unethical behavior.....the whole thing about it, they own the rights, it does not mean every company should share what they own.....do you share everything you own......no matter how you put it, apple own the rights to the patents, if the companies want to give better competition, make new stuff and if apple copys then ban them

80. ilia1986 unregistered

If you had a patent on glass - and were making TVs - would you demand to ban all the other TV maker's products? If so I am truly sorry for you - you have no idea what management is all about.

85. Gemmol

Posts: 793; Member since: Nov 09, 2011

I am not saying what they doing is right, I think this is where everyone is getting my post confused, all I am saying they have the right to ban things, if they do not want someone using it, and for your example, if they wanted to ban them from making TV, then the other companies should make a new product to build TV's, if you look at technology, everything we once used is replace with something better and by having these patents, this is suppose to improve innovation, but samsung do not, they want to piggy back, which is okay with me because I love my Galaxy Note......but I still think everyone on PhoneArena is a joke to think Apple should not sue, this is their bread and water, this makes them profit, if someone making profit of your bread and butter, you should either get paid by them or ban them.....would you like it if someone took your product and made you go bankrupt.....this is the better question everyone should be asking themselves, these companies are trying to survive and if you say apple do not innovate all they do is buy companies, well its true, but now they own those companies patents, so it still do not give you a right to use their patents..........

88. OptimusOne

Posts: 694; Member since: May 22, 2012

so what you said is that apple suiing people is the only way for it to survive as in bread and water yes companies should sue if someone takes their ideas. but they should not use litigation to create market share and to ensure competitiveness. Apple instead should make the iphone 5 awesome with all that litigation money. and suiing should be for something legit. like lets say samsung make an all glass phone with a metal rim around it with, and then add the exact same camera sensor on it. not for something as a rectangular device with rounded corners. If samsung coped the phone icon. BIG DEAL! what else do you put for a phone icon, a contacts book? anyway suiing should be for something legit, and obvious

158. gallitoking

Posts: 4721; Member since: May 17, 2011

Nike banned the sales Reebok's Tim Tebow jerseys.as they have the rights to sale the jersey.. to me this sounds more ridiculous than what Apple is doing.. is normal it happens every day.. deal with it

196. LOLpple

Posts: 86; Member since: Jun 23, 2012

Society should have banned your parents from breeding. So much tragedy and fail could've been avoided...

224. Pdubb

Posts: 249; Member since: Aug 08, 2011

That is completely different!!!! Reebok had an exclusive contract with the NFL and it expired and Nike had the exclusive contract. When Tebow was traded Reebok tried to make the new jerseys to capitalize on the popularity of Tebow. Reebok tried to sell those jerseys after they knew their contract was expired and Nike had the exclusive deal. They didn't ban the Bronco jerseys just the new Jets jerseys that were made after the contract was over. That is why they banned the sale of those jerseys.

95. -box-

Posts: 3991; Member since: Jan 04, 2012

I think a lot of the rancor against apple stems from the proven (in courts) facts that they infringed on many other patents and tech from other companies when they released the original iPhone and every subsequent model, and only got punished in fines and licensing costs (Nokia gets some big payments from apple from using a lot if it's tech, now that the courts proved the infringement), so they essentially got away with it. They're now exerting the success they had standing on the shoulders if giants to try to disrupt the sales of honest competing products (the Tab 10.1 is sort of infringing, but all this other junk is just laughable), instead of continuing the graciousness given to it by the world electronic manufacturer community when they allowed the iDevices to go on sale despite their infringements, being ungrateful and hypocritical in their actions. Honestly, I wish Nokia had not been as nice, and had been as ferocious with their patents as apple has been with the ones they got (most of which they shouldn't, prior art and products and features, etc) and had apple banned. Apple wouldn't have a leg to stand on, Nokia might still be as dominant as they had been, and Android would have flourished in its own right without B.S. suits attacking its leading products.

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