“Judge Lucy Koh of the U.S. District Court for the Northern District of California has put a damper on Apple’s hopes of speeding up its federal lawsuit against Samsung,” Florian Mueller reports for FOSS Patents.
“While an order she issued yesterday relates to only a very limited subset of the entire litigation, the rationale for her decision to deny a motion to shorten time (for the said subset) suggests that she has serious doubt about Apple’s entitlement to a faster process in general as well as about the consistency of Apple’s positions and actions in that regard,” Mueller reports. “This does not bode well for Apple’s efforts to compress the timeline for the case as a whole and for Apple’s desire to obtain a preliminary injunction with respect to certain patents and products.”
Mueller writes, “While the judge didn’t mention this, she probably was aware of the fact that Apple filed its ITC complaint against Samsung only on July 5 — even after Samsung’s own ITC complaint against Apple. The ITC is a forum that litigants in this industry frequently choose to get a quick decision. Apple waited with its ITC complaint for more than two-and-a-half months after its original federal lawsuit. In many cases, ITC complaints are filed simultaneously with federal lawsuits. The fact that Apple took so much more time does nothing to enhance the credibility of Apple’s claims of urgency.”
Much more in the full article here.
MacDailyNews Take: Good things come to those who wait.
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