Apple objects to Judge Lucy Koh’s proposed delay of second Samsung patent infringement lawsuit

“Apple Inc. objected to the possibility that proceedings in a patent lawsuit against Samsung Electronics Co. scheduled for trial in 2014 will be put on hold while an appeals court reviews an August verdict in an earlier case,” Joel Rosenblatt reports for Bloomberg. “The objection, filed yesterday in federal court in San Jose, California, was in response to U.S. District Judge Lucy Koh’s inquiry at a hearing last month. The judge said she was skeptical of the need for both cases to proceed, especially while the first case is being appealed.

“On March 1 Koh reduced a jury’s $1.05 billion damages award to Apple in the first case by $450.5 million. The jury based its award for 14 Samsung products on an incorrect legal theory, Koh ruled. She said the companies should consider appealing her decision before any damages trial begins,” Rosenblatt reports. “‘This case must proceed now, in order to stop the ongoing sales — and relentless launch — of Samsung’s latest infringing devices, which have caused, and every day continue to cause, continuing harm to Apple,’ the Cupertino, California-based company said in the filing.”

Read more in the full article here.

MacDailyNews Take: Well, obviously, but then how will Koh be able to continue denying justice by continually delaying it?

Dear “Legal Systems” of the World,

It’s 2013, six years after Steve Jobs pulled iPhone and all of its patents out of his jeans pocket, and you’re still “adjudicating,” you tedious failures.

Why should anyone bother inventing and patenting anything?

With the utmost sincerely, you suck.


Timely Justice

How did Samsung become so successful?

Apple’s products came first, then Samsung’s:

Samsung Galaxy and Galaxy Tab Trade Dress Infringement

Related articles:
Judge Lucy Koh slashes jury award in Apple v. Samsung case from $1.03 billion to $599 million – March 1, 2013
Judge Lucy Koh orders Apple and Samsung to narrow claims – February 22, 2013
Apple appeals Judge Lucy Koh’s refusal to bar Samsung’s patent infringing smartphones from U.S. market – December 20, 2012
Judge denies Apple request for permanent ban on Samsung phones in U.S. – December 17, 2012
Judge: Can you tell me which is iPad and which is yours? Samsung lawyer: ‘Not at this distance your honor’ – October 14, 2011

Samsung’s new ‘Wallet’ bears striking resemblance to Apple’s Passbook – February 27, 2013
Korea JoongAng Daily: Samsung must stop slavishly copying Apple – September 3, 2012
South Korea reassesses its great imitator, Samsung – September 2, 2012
Convicted patent infringer Samsung acuses Apple of trying to limit consumer choice – September 1, 2012
Is Samsung copying Apple’s patented earphones? It sure looks like it – September 8, 2012
Samsung mimics Apple product videos in Galaxy S III promo (with video) – August 24, 2012
Now slavish copycat Samsung attempts to knockoff Apple’s retail stores (with video) – August 23, 2012
Samsung: Shameless slavish copiers – August 13, 2012
Apple attorney: Instead of innovating, Samsung chose to copy iPhone and iPad – July 31, 2012
Apple: Google warned Samsung against slavishly copying our products – July 25, 2012
Now Samsung slavishly copies Apple’s Mac mini – June 1, 2012
Samsung Mobile chief ‘designer’ denies that Samsung’s instinct is to slavishly copy Apple – March 23, 2012
Slavish copier Samsung shamelessly steals Apple’s iPhone 3G design – again – January 3, 2012
Slavish copier Samsung uses girl actress from iPhone 4S ad for Galaxy Tab 8.9 spot (with video) – January 2, 2012
Now Samsung’s slavishly copying Apple’s iPad television ads (with videos) – December 30, 2011
Judge: Can you tell me which is iPad and which is yours? Samsung lawyer: ‘Not at this distance your honor’ – October 14, 2011
Why are Apple’s icons on the wall of Samsung’s store? – September 24, 2011
Apple to Samsung: ‘Blatant copying is wrong’ – April 18, 2011
Apple sues Samsung for attempting to copy look and feel of iPhone, iPad – April 18, 2011
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    1. AND where are all these PATENTS of SAMSUNG to say Apple has infringed on them?

      Why would Samsung partner with Apple to build the iPhone from the beginning if Apple had been coping them?

      Common Sense here.

  1. It is the take over by Libertarians in the justice system. No one cares about true justice now. It is all about the optics of it or the social will or what is popular. The world needs true justice before there can be peace and harmony.

          1. “Civil libertarianism is a strain of political thought that supports civil liberties, or which emphasizes the supremacy of individual rights and personal freedoms over and against any kind of authority.” Wikipedia

            Doesn’t that sound completely selfish? There is no mention of responsibility to the state or the society. It is what you can get away with doing rather than what is right. They mostly oppose the state and shield the individual therefore they are anti-social.

            1. I think he’s confusing libertarians with liberals. Plus, he’s Canadian so maybe libertarian means something different up there like Independence Day.

  2. She’s delaying the trial to enable her to seek final settlement with Samsung first as to the amount of Won she can expect to be paid for reducing the amount damages.

    Until she can reach a settlement that is satisfactory to her, which may include a holiday home in Seoul, she won’t move an inch, Apple be damned.

      1. And that is exactly what Apple are doing. There are quite a few behavioural similarities that Apple and North Korea share. Extremely secretive, closed wall in every sense of the meaning by dictating what their followers can and can’t do with devices that are supposedly theirs and a dear leader they look up to.

  3. Are those of us who read MDN really the only ones who think that this “justice” being meted out by Lucy Koh is a travesty? How can it be that we can all be so wrong? If we’re not wrong, why is it that she faces no sanctions over this seemingly ridiculous behavior?

  4. True, Samsung and Google copied nearly everything from Apple. However, at least they copied badly, so if you’ve wanted a good phone instead of a “good enough” phone, Apple was the only game in town. Yes, was. Over the last year just that has started to change a bit. Those Android things still have no style, but they are descent machines, the software is good… Many different forms, many ways to customise the experience, even for non-techie-users. Meanwhile there hasn’t been much new from Apple – which would be ok for me, if they’d at least keep improving the status quo. I’ve just cleaned up my mother’s MBP, and well, things like iPhoto’s increased duplicate production since photostream, several GB of old iTunes iPhone backups (in the hidden library folder), iCloud docs&data failures, and so on. “It just works” – well actually no. Syncing is a great idea if it works but in the last months I wished very often that iTunes would get out of the way. I do understand that Apple wants to sell media content to iPhone-on-Windows users, but please they should get the apps and iPhone/iPad backups out of iTunes, at least for us mac users. Or make it work properly. Don’t know, feels like Apple is just milking the iPhone/iPad and losing ground. Feels like the early ’90. I hope Jonny Ives can give good new inputs for software design (another debacle over the last few years). However, Apple has no chance to sue Android away. They have to out-invent it with new great products. It’s highly unfair to Apple, I agree, but there is no other way than R&D and great design (and great maintenance). Economy is always moving, standing still is falling behind…

      1. OK, English isn’t my first language. However, spaghetti code and fragmentation, come on, you just copy and paste from MacDailyNews’ takes, quite samsungish. There was a time when I believed (or wanted to believe) those stories too. However, when I play around with my friends’ Android phones, well, they have all the same apps and they look and feel the same like on my iPhone – not better but not worse, just the same (ok, no OmniFocus on Android). I really wish Apple to win their lawsuits against Samsung/Google, but well we have to face reality that they won’t be able to stop Android that way. Apple won’t sell one device more because of a won lawsuit.

    1. Apple deserves protection of its intellectual property against infringement, even as it continues to innovate. Even considering the huge impact of the iPhone and the iPad and iOS on the world in a very short time, I think Apple would have done a more amazing job if it were not hounded by essentially pirated and copied knockoffs. Besides a more orderly development and launch of extended products, I would also say Apple at the very least lost a huge number of unit sales.

      1. Yes I agree. However reality is that Apple didn’t get protection for its intellectual property. Android is the next Windows. The knock-off companies have learned the lesson of the iPod and came out early enough with cheap copy phones; and the rest was done by the carriers, Verizon and Co. not having the iPhone. Yes Apple lost a huge number of sales, but that is history. Of course they should try to press as much money out of Samsung as they can…

    2. While I’m a firm Apple fan, I can sympathise with you because at times, things can be quite frustrating with Apple.

      I have a Mac mini which I use essentially as my iTunes machine to stream content to my TV. Since I have a huge media library, I moved the iTunes Media folder to an external 2 GB drive. Worked well, until I realized that the hard drive space on the Mac mini itself was being gobbled up at an alarming rate in recent weeks. A quick check revealed that the iTunes Media folder had mysteriously returned to the mini itself and for the last little while, all the files I brought into iTunes were being copied there. I suspect it must have happened during a recent iTunes update.

      It was a thoroughly messy affair as I had to move the iTunes media folder back to the external drive – which meant more than 180 media files had their links with iTunes broken, and I had to find those files individually and re-establish the links. Took me hours. I wasn’t feeling too kindly about Apple because if an update is going to be changing defaults around, it points to some serious lapses.

      I’ve also noticed that video taken with iPhone/iPad is not automatically compatible with iMovies. Video taken on an Apple device not compatible with Apple software? How is that possible?

  5. My father, brother and I had developed and patented several products in the past 20 years. We built 2 sucessful companies that were recently combined and aquired by the 300lbs Gorilla of our industry. We had our products copied left and right, but never had the funds to go after the scumbags and shut them down. If we did, they would have filled bankruptcy, and been back a year or two later under a different name. Finally, we got tired of working hard, only to make less, and have scumbags copy our products, make inferior junk products, and sell it cheaper, as they hardly did any R&D, testing, or proper cerification. Best thing we did, was to sell and get out. I can say, we never had the money to fight, so when Apple said they would go to nuclear war to bright this, I was so excited to see a company protect what is rightfully theirs. Well, what a fucking joke! Koh is a joke, Samsung and Google are SCUMBAGS! The Patent system & legal system is a joke too. Not worth the headaches. Took my millions and quit, even though I made products to change the world and make it better. I’d rather get a job at Home Depot then innovate and have scumbags reap the harvest of my hard work. Fuck you Samsung! I have my entire family line boycotting all Samsung products. Working on a full cleansing from all Google too.

    1. My whole family is boycotting SamSung as well. Just wish Apple would boycott Samsung components. Indirectly there isn’t anyway to not support Samsung at the moment. Tim Cook please use Apples resources and rid Apple of its dependency on Samsung. Even if it’s costs 50 Billion it will be worth it.

    2. Thank you, what a beautiful post. I too have spent a good deal of money, and my life to try to provide a most precious gift to the world. When I went down under to develop it, well I ran into a uniform uninformed monoculture of hate that was so loud I remained unspoken. Now I am back home, and the patents will lie dormant.

      Perhaps someday humanity will be ready to act humane, until then, they will reap the consequences of the seeds of hatred they have sown.

  6. When was Lucy Ko aware of the ‘illegal legal theory’ being applied by the jury? Why was the jury not better advised on what to consider in their deliberations in order to return a meaningful outcome? To what degree is Judge Lucy at fault in her handling of this never ending case? Just asking …

  7. She is a Republican. Al Gore is a Democrat. This is about politics. Vote for Republicans, you get this crap. I wonder how much Samsung paid into Karl Rove’s groups last election? Someone should find out. This judge has a political agenda. It’s like the mafia and Apple won’t play.

    1. Ah, no, she isn’t. Lucy Koh was named to the Federal bench by President Barrack Obama on the recommendation of Democrat Senators Barbara Boxer and Diane Feinstein.

    2. I don’t care what her political persuasion is. There are good and bad Democrats, and good and bad Republicans.

      She’s just not a good jurist, and that’s the only issue here.

      Oh, and M Lindley – bringing up spurious political bashing here (and being wrong about it besides) simply proves that you’re not only a coward for being anonymous, but also an idiot.

  8. It’s such a silly rule. No one has actually “turned off” the devices. I certainly don’t. I can have the iPhone playing music to my Bluetooth earbuds all through takeoff and landing and as long as I don’t have the earbuds in my ears, the flight attendants wouldn’t know. All they’re telling you is: “You cannot be *seen* using the devices during takeoff and landing.” Absurd…

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