Samsung asks for new trial on Apple’s rubber-banding patent in light of reexamination history

“After 11 PM local time on Monday, Samsung started yet another attempt to, as Apple called the previous one, ‘delay and derail’ the limited damages retrial scheduled for November in the first Apple v. Samsung litigation in the Northern District of California,” Florian Müller writes for FOSS Patents. “Last week Samsung complained that Apple’s new damages expert has arrived at ‘vastly greater damages’ and asked the court to vacate all deadlines in the case. Apple replied on Friday (the ‘delay and derail’ quote was from that reply).”

“amsung yesterday, in addition to the motion this present post is primarily about, reinforced that motion to toss the existing schedule, alleging in a reply (which it can only file with permission from the court) that Apple has ‘flagrantly violated’ the case management order governing preparation of the limited retrial,” Müller writes. “Apple opposes that the court even allow the filing of that reply.”

Müller writes, “The new motion relates to the signature rubber-banding (or, as I like to call it, ‘overscroll bounce’) patent, U.S. Patent No. 7,469,381 on ‘list scrolling and document translation, scaling, and rotation on a touch-screen display,’ which has won Apple several court rulings literally around the globe (most recently in Japan) and is one of the six Apple patents a jury last summer found infringed by Samsung.”

Read more in the full article here.

MacDailyNews Take: Samsung is playing the system like a fiddle.

By the time Apple gets “justice,” if they ever do, it will be completely meaningless.

At this late date, any consumers — including Apple’s Tim Cook — who purchase Samsung products, and thereby support wholesale IP theft, are either stupid, ignorant, and/or morally deficient.

Apple’s products came first, then Samsung’s:
Samsung Galaxy and Galaxy Tab Trade Dress Infringement


  1. The other day when I was at T-Mobile getting them to get my unlocked AT&T iPhone 4 working on their network there was a guy and a girl next to me, dealing with a different salesperson. They bought a Galaxy S4. They had previously owned an iPhone. I overheard the salesman tell them that the iPhone did not perform appreciably better on the 4G LTE network, but that the S4 did. I don’t know what other information he provided that helped them in their decision making process, but it was clear that stolen IP, vulnerability to malware/spyware, these types of considerations were not in play. I didn’t hear the salesman or the customers mention them. They were just so happy to be leaving with their new S4 in hand.

    Just remember, the majority of consumers are unwashed and somewhat slightly dazed. (Thanks go to David Bowie.)

    1. Are there any network providers who do not push Android over iOS?

      I’ve been a customer of AT&T for at least ten years, but I’m ready to go to another carrier if I can find one that doesn’t push stolen IP over iOS.

      1. We got our work setup on iPhones and the Verizon Guy came into our office with a handful of SamDungs and the like and even touted he had a WannaBe iPhoney and how great it was …. When we asked about the iPhone he had to arrange another visit as he had to get one, they were just being released but he had beta tested one a day and assured us the WannaBe Phones would fit our roofing business nicely …..

        Week later we ordered our phones all but one but we had the phone number we wanted to keep so we just needed a placeholder phone until time we use the number …..

        He gave us his old WannaBe Phoney for the placeholder number …..

        So Carl what mind of new phone did you get then, we asked?

        An iPhone 5 and I love it (what happened to the beta test results we wondered – so we asked) …..

        Well that day I had bla bla bla and bla bla bla …..

        Good deal Carl (thinking glad we didn’t listen to you) ….

        Moral of Story ….. Consumer can easily be sold a package of goods and SamDung will continue to copy until the US gets tougher on its patten laws ……

  2. Asian business and its practices are vastly different than American business. We, Americans, think we know how to manipulate things but they’ve been perfecting the art of corruption for many hundreds of years longer than us so what do you expect.

    We must look like stupid amateurs to them….and I suppose given the ass-kicking we’ve gotten from them we really are in this regard.

    1. The Asians and China in particular perfected capitalism centuries before we got in the game beyond swapping carrots for bread. Nothing much has changed when Western salesmen without a care in the world are selling their own jobs and wealth down the drain because they don’t see the link down the road.

      1. Yeah but, please make the distinction between real, by-the-book and by-the-brain capitalism from what is merely parasitism with a capitalist mask on top.

        Actual capitalism I like. Screw-Thy-Customer and Screw-Thy-Client I don’t like. Time for a major enema in business to flush the parasites out of the system. They’ve f*cked up everything, including the future.

      1. The difference is that when Microsoft actually photo copied Apple’s work they got a license from Apple. Dig and dig and you’ll find that’s true all the way back to Windows 1.0.

        When Microsoft did not get a license from Apple they copied the new *concepts* Apple was pushing and not the actual design or work product — often resulting in an inferior product. You need look no further than Windows 8 to see this.

        The difference is that Samsung does knock-offs of others’ work. Microsoft does variants of innovative ideas of others.

    2. We must look like stupid amateurs to them

      They LIKE to think so and clearly say so in their own press.

      But the fact is that Asia in general went into a permanent corruption valley over time and didn’t crawl back. That’s how the disease hilariously called ‘communism’ ruined China. That ruination continues, despite all the abstract hopes and dreams of otherwise. China remains corrupt. Corruption = self-destruction. Let’s be clear about that fact.

      Where the western culture kicked their ass was through the use of reliable, ethical, strict and professional actual capitalism where corruption was at the very least considered worthy of public derision.

      I wrote an essay last year about the ‘China-fication’ of the west, which is what I believe has happened since 1998 when China was provided ‘Most Favored Nation Status’ by the USA. How amusing that we thought it would be the other way around. We end up corrupted by the profoundly corrupted Chinese culture.

      Result: The whole show falls down just like Asia did to itself over a century ago. I consider this to be a very real event. Not good.

      But it’s just my POV.

  3. “JUSTICE”, at this extremely late point in the game, could mean handing Samsung over to Apple, thereby allowing Apple to OWN their relevant parts manufacturing and shutting down the excrement, such as the phone and tablet division.

    But good luck with that.

  4. At the rate they’re going Samsung will have to pay up in 2050. By that time the value of the $1.05 Billion award will be about $330 million — a “savings” of over $670 million or $8.5 million a year. Samsung will effectively break even if they pay the lawyers $8.5 million a year. Then they can count all those profits on those phones and tablets as money in the bank!

    1. Yes, Samsung has every right to request a new trial. Samsung has every right to attempt to be an ass and delay this as much as possible, but that does not mean is is an ethical thing to do.

      Samsung’s ONLY purpose is to delay the final outcome as much as possible because they know it is *extremely* likely they will lose and lose BIG. Putting that off as long as possible does two things, 1) it delays them having to pay anything, and 2) it keeps them from being officially and forevermore labeled, for as long as possible, as a 2-bit copier.

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