“There can be situations in which the same patent targeting the same technology — in this case, we’re talking about the Android operating system itself — is adjudged differently by the same court in parallel lawsuits involving different defendants,” Mueller writes. “For example, one party may fail to bring certain infringement or invalidity contentions in time. But based on how those two trials went, there is no obvious reason why the two cases might have different outcomes. And the consistent outcome is more likely than not to be a finding of non-infringement.”
“A three-week delay is no big deal in the greater picture,” Mueller writes. “By comparison, Apple obtained a highly favorable jury verdict against Samsung in California a week ago, but the court is unwilling to consider Apple’s request for injunctive relief before December, with a decision possibly not even coming down before the end of the year.”
Much more in the full article here.
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