“In the second California litigation between Apple and Samsung, which has a trial date in 2014, the outcome will probably be similar as the one of the trial held last summer. At the claim construction stage Apple is on the winning track — to a near-complete extent that is rarely seen in disputes involving two players of this nature and stature but less surprising when considering that one of the two parties has already been found to have deliberately copied inventions made by the other,” FLorian Mueller reports for FOSS Patents.
“Apple prevailed on each and every disputed term in its own four patents, with the court in each case adopting Apple’s proposed construction without any modification,” Mueller reports. “Samsung consistently tried to narrow the scope of the claims in order to have a better basis for disputing infringement, while defendants sometimes also seek to broaden them with a view to invalidation. These efforts on Samsung’s part were all rejected by the court because they weren’t supported by the patent specifications, prosecution history, or extrinsic evidence. As a result, Samsung will face an uphill battle at next year’s jury trial when disputing infringement.”
Mueller writes, “The only patent in connection with which Samsung prevailed is a standard-essential one: U.S. Patent No. 7,756,087 on a “method and apparatus for performing non-scheduled transmission in a mobile communication system for supporting an enhanced uplink data channel”… This ups the ante for Apple’s efforts to avoid an infringement finding, but due to Samsung’s FRAND licensing obligation, this is not a patent Apple has to be particularly afraid of. If Samsung prevails, it won’t get an injunction, and damages and future license fees will be limited.”
Much more in the full article here.