Rejected: Judge Koh denies Samsung's request for a stay of damages retrial

Rejected: Judge Koh denies Samsung's request for a stay of damages retrial
Last week, a jury awarded Apple $290 million after a quick retrial that centered on damages that Apple was supposed to receive from Samsung following the original patent trial between the two tech titans. That trial resulted in a jury award of $1.05 billion in favor of Apple. Judge Lucy Koh tossed $450 million of the award and ordered the damages retrial after inconsistencies were discovered between the number of patents certain Samsung devices were found to have infringed on, and the damages that were awarded to Apple for these particular models.

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

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24 Comments

1. D.Aceveda

Posts: 432; Member since: Jun 30, 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: 1654; Member since: Jul 10, 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/12.07.26-Apple-1.png

8. vincelongman

Posts: 5695; Member since: Feb 10, 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: 1482; Member since: Sep 30, 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: 78; Member since: Jun 06, 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: 1654; Member since: Jul 10, 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...

4. wando77

Posts: 1168; Member since: Aug 23, 2012

Retard

6. androiphone20

Posts: 1654; Member since: Jul 10, 2013

wow, you did NOT just say that

7. androiphone20

Posts: 1654; Member since: Jul 10, 2013

failure to express a reason why you think otherwise you resort to name calling, that's genius

11. darkkjedii

Posts: 31066; Member since: Feb 05, 2011

Samsung fanboys are in mourning rite now bro. Anything you say will hurt their wittle fiwings lol +1

16. Taters

Posts: 6474; Member since: Jan 28, 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: 31066; Member since: Feb 05, 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: 6474; Member since: Jan 28, 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: 31066; Member since: Feb 05, 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: 1946; Member since: Feb 15, 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: 31066; Member since: Feb 05, 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: 66; Member since: Apr 21, 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: 31066; Member since: Feb 05, 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: 31066; Member since: Feb 05, 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.

12. ianbbaa

Posts: 332; Member since: Mar 20, 2013

yeeaaaah, you are a real techie...

18. darkkjedii

Posts: 31066; Member since: Feb 05, 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: 31066; Member since: Feb 05, 2011

My Galaxy S Kitten has customizable meows. LMAOOOOO. Did I mention, I bought him a Galaxy S Litter Box?

24. ncarlosmiguel

Posts: 206; Member since: May 14, 2013

Wow that's... lame.

14. johnbftl

Posts: 283; Member since: Jun 09, 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.

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