“Based on current schedules, there will be two Apple v. Samsung trials in the Northern District of Calfornia over the next 12 months: a smaller one in November and another big one starting in March,” Florian Müller reports for FOSS Patents. “At a case management conference held Monday afternoon local time, Judge Lucy Koh laid out a roadmap for resolving the post-trial issues in the first Apple v. Samsung case before her in order to enable an appeal from a final ruling, scheduling a limited retrial on damages for certain products (with respect to which the first jury’s damages award was vacated) for November, reinstating $40 million in damages for the Galaxy S II AT&T (which won’t have to be addressed by the second jury), and denying (for the time being) a stay pending reexaminations.”
“As I pointed out right after the March 1 damages order and also stressed last month, the limited damages retrial is not just an opportunity for Samsung to bring the damages award down but also an opportunity for Apple to seek even more damages, as Samsung itself confirmed in a brief,” Müller writes. “In my opinion the strategically most important thing here is something that neither the order nor any of the other reports I saw highlighted. If Samsung had obtained a partial final judgment, which it would have appealed immediately, it would have sought consolidation of that appeal with Apple’s already-ongoing appeal of the denial of a permanent injunction.
“For Apple’s strategic purposes, looking even beyond Samsung, it’s absolutely key to fight for the right to prevent direct competitors from infringement even if a patented feature cannot be proven (especially if there’s an exacting standard of proof in place) to drive consumer demand,” Müller writes. “I believe the unresolved state of the injunctive-relief issue is actually the single biggest obstacle to a settlement between these parties. Once this is clarified, the parties will have valuable guidance and a settlement will be much more likely at that stage than before.”
Much more in the full article – recommended – here.
Related articles:
Judge sets new trial dates in Apple v. Samsung patent battle – April 30, 2013
Samsung’s cheap, plastic Galaxy S4 significantly more breakable Apple’s iPhone 5 – April 29, 2013
Yankee Group: Apple continues to eat Samsung’s lunch; customer loyalty will drive iPhone ownership past Android’s peak – April 26, 2013
Apple’s iPhone user gains again out-pace Android in the U.S. – April 5, 2013
Why Apple’s new iPhone can’t lose; as with all iPhones, next-gen likely to become best-selling smartphone of all time – April 4, 2013
Apple increases lead over Samsung, gains on Google’s Android in U.S. smartphone market share – April 4, 2013
Analyst: Apple iPhone 5 got over 5X times as many tweets as Samsung’s lackluster Galaxy S4 – March 27, 2013
Yankee Group: Apple to gain additional U.S. smartphone share over Samsung in 2013 – March 20, 2013
With 78% share, Apple’s iOS tightening its grip on the enterprise and taking share from Android – March 8, 2013
Apple rules the skies with 84% in-flight share vs. Android’s 16% – March 7, 2013
Apple iPad continues domination with over 80% usage share in U.S. and Canada – March 7, 2013
comScore: Google’s Android, Samsung continue to lose U.S. share to Apple’s iOS, iPhone – March 6, 2013
World’s best-selling smartphone: Apple iPhone 5; iPhone 4S #2, third place Samsung Galaxy 3 brings up rear – February 20, 2013
Apple iOS dominates mobile video viewing with 60% share vs. Android’s 32% – February 13, 2013
Android’s Web share down 13% since November; Apple’s iOS now over 60% – February 1, 2013
Android’s unit share growth has not hurt Apple’s profit share – February 26, 2013
Apple iOS dominates mobile video viewing with 60% share vs. Android’s 32% – February 13, 2013
Android’s Web share down 13% since November; Apple’s iOS now over 60% – February 1, 2013
IDC: Apple dominates worldwide tablet market with 43.6% unit share – January 31, 2013
The Android engagement paradox – November 26, 2012
People buy more Android phone units and do less with them vs. Apple’s revolutionary iPhone – November 14, 2012
Study: iPhone users vastly outspent Android users on apps, respond much better to ads – August 20, 2012
Apple utterly dominates mobile device market with 6% market share – and 77% of the profits – August 6, 2012
Pay the piper – Samsung.
Karma will succeed where justice systems fail because at the end of the day whats right and whats wrong is not determined by falible human consensus
@ JAN: what do you mean by this? If civilized humans do not establish rules of right & wrong, then who does?
@mike: here’s a hint – the same entity who established the law of gravity
Newton? An apple user from way back…
Right you are sir. 😉