“At close of business on Thursday, Apple filed a request for permission to bring a motion for reconsideration of Judge Koh’s scheduling decisions relating to certain post-trial proceedings. Apple complains that the court currently has ‘asymmetrical’ schedules for its decision on Samsung’s request to dissolve the Galaxy Tab 10.1 injunction (hearing in September) and for its decision on Apple’s request for injunctive relief over the patents the jury found infringed (hearing in December),” Florian Mueller reports for FOSS Patents.
“This is not just a minor scheduling issue. This has the potential to affect the probability of Samsung being allowed again to sell tablets in the United States that look very much like the iPad, not just this Christmas Selling Season but also beyond, at least until the appeals court decides,” Mueller reports. “And looking beyond this matter, it highlights the equal-treatment dilemma that has been plaguing this California lawsuit for some time, especially recently.”
Mueller reports, “Just like Samsung previously (and successfully) argued that there should be an adverse inference jury instruction against both parties, or against neither one, Apple now demands equal treatment as well. Apple argues that ‘[its] motion for injunctive relief is more urgent than Samsung’s request to dissolve the [Galaxy Tab 10.1] injunction,’ but in any event, “Samsung’s motion certainly should not be addressed before Apple’s motion for injunctive relief”. In other words, if Apple doesn’t get a new injunction in time for the Christmas Selling Season, it at least wants the existing one to stay in place.”
Read more in the full article here.
MacDailyNews Take: Lucy will respond just as soon as she finishes up her race against that glacier.
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