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Samsung and Apple file to drop claims to get trial started on time

Posted: , posted by Alan F.

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Samsung and Apple file to drop claims to get trial started on time
Last week both Apple and Samsung were told by Judge Lucy Koh that if each wanted to get their trial started on time, the number of claims from each side had to be reduced. At first, courtroom analysts figured Apple would be more interested in slowing things down, but with the introduction of the Samsung Galaxy S III, it seems Apple would really like to get a verdict in the case. To get things started on July 30th, both manufacturers decided to offer to drop about half their claims with Apple letting go of all of its trademark claims. While it does sound like a sacrifice for both sides, Apple wants the dismissal to be without prejudice meaning that it assert these dismissed claims at another trial. While Samsung's filing offers to drop 5 of its 12 claims, the Korean firm says that Apple's case is still too big to be tried over the summer and wants its claims dismissed with prejudice so that they cannot return in court.

Apple CEO Tim Cook and his predecessor Steve Jobs at right
Apple has made it clear that they feel that Samsung has copied the look and feel of Apple products. CEO Tim Cook said, "we just want people to invent their own stuff," while Samsung retorts that Apple is trying to "compete through litigation." Apple says that Samsung has become the top smartphone maker through infringement and thus owes billions of dollars in damages. And while it was the late Steve Jobs who once said that "good artists copy, great artists steal," current Apple CEO Tim Cook is thought to be ready to compromise as litigation is said to not be his thing.

Among the claims Apple is willing to drop are a few relating to the look of the Apple iPhone and Apple iPad including U.S. Patent Nos. D618,677 and D593,-87 for the body style of the Apple iPhone. Other claims Apple is willing to dismiss are U.S. Patent No. D617,334 and U.S. Patent No. 604,305 for the GUI for the Apple iPhone and U.S. Patent No. D504,889 for the body style of the Apple iPad 2. Among the claims that Samsung is willing to drop is U.S. Patent No. 7,079,871 related to displaying data on a portable phone, and U.S. Patent No. 7,069,055 on a "mobile telephone capable of displaying world time and method for controlling the same". A complete list of which claims both sides are willing to drop can be found at the sourcelink.

source: FOSSPatents

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