“On November 12, 2013, the United States District Court for the Northern District of California is scheduled to commence a limited damages retrial in the first Apple v. Samsung case for the purpose of redetermining damages with respect to 13 of the 28 accused products,” Florian Müller reports for FOSS Patents.
“That’s what Judge Lucy Koh ordered on April 29, 2013,” Müller reports. “There was a caveat: Samsung was allowed to bring another motion for a stay (the first one was denied) based on progress in its efforts to have the United States Patent and Trademark Office invalidate a couple of patents-in-suit. But with the asserted claim of the rubber-banding patent having been confirmed last month and other reexaminations being far behind, prospects for a stay are not too bright.”
Müller reports, “Samsung is now trying to get the case schedule vacated, presumably in order to have the limited retrial postponed. In the event of a postponement, there would be more time for other reexamination requests (particularly the one relating to the ‘915 pinch-to-zoom API patent) to yield results that could persuade Judge Koh to stay the case. Samsung argues that Apple has violated the court’s orders concerning its damages claim at the retrial by presenting a “vastly greater” damages claim, and says a new case management conference must be held now. Apple told Samsung in no uncertain terms that it was going to oppose such a motion.”
Much more in the full article here.