Apple says Samsung’s stalling strategy ‘has crossed the bounds of reason’, reexamination isn’t over

“After two days of jury deliberations, Apple and Samsung are still waiting for the verdict that will conclude their limited damages retrial in the Northern District of California,” Florian Müller reports for FOSS Patents. “On Day 2 (Wednesday), Samsung brought an emergency motion to stay the case pending reexamination of Apple’s pinch-to-zoom API ‘915 patent. Later that day Judge Koh discussed this matter with counsel and told Apple to respond within a day. Apple filed its opposition brief later the same day.”

“Long before the Wednesday emergency motion, Apple had complained about Samsung’s attempts to ‘delay and derail’ the retrial,” Müller reports. “But Samsung’s stalling tactics have reached a new low in Apple’s opinion: ‘Samsung’s strategy to delay entry of final judgment in this case has crossed the bounds of reason: Samsung seeks to halt the damages retrial in the midst of jury deliberations.'”

Müller writes, “It’s really hard to see why the court shouldn’t simply let the jury conclude its deliberations and render a verdict. On that basis, Judge Koh can certify a final judgment, which the parties (Samsung more so than Apple) can appeal to the Federal Circuit.”

Read more in the full article here.

MacDailyNews Take: One Infinite Loop isn’t just Apple’s address, it’s the perfect description our our so-called “justice” system.

When will justice be served, if ever?!

Related articles:
Jurors fail to reach a decision in Apple v. Samsung damages trial – November 21, 2013
Samsung asks judge to halt Apple damages retrial, claims Apple’s ‘pinch-to-zoom’ patent might be invalid – November 20, 2013
Apple can seek sales ban on Samsung phones, judges rule – November 20, 2013
Desperate Samsung urges mistrial citing racism in Apple lawyer’s remark – November 19, 2013
Apple’s $380 million case against Samsung now in jury’s hands – November 19, 2013
Apple makes case for why it deserves $379 million more from convicted patent infringer Samsung – November 19, 2013
Closing arguments in Apple v. Samsung retrial – November 19, 2013
Bad news for Android: U.S. patent office confirms all 20 claims of ‘Steve Jobs patent’ – October 17, 2013
Huge win for Apple at USPTO: Key claims of rubber-banding patent confirmed – June 13, 2013


  1. Müller does have the gift of hyperbole. Müller seems to showing a much anxiety and little confidence. The jury is sequestered. Whatever Müller says is only for public relations and public consumption, and will have no influence on the jury.

  2. Samsung played this masterfully. They knew that technology progresses much faster than any legal process. Proof of concept: they made $billions from Apples ideas, and will pay $800 million max! Well played, Samsung. Seems like a pretty sweet trade-off. Their investors certainly don’t seem to mind. Only question now is: is this the new tech business model?

    1. Tell me again who tried to build a product of an existing one and failed miserably. Who sold the public on false claims and lies? Who inflated numbers in a futile attempt to spin the failure as a success? Who’s stalling and hoping to mitigate public anger by providing false dates knowing that entire portions of the product have not even been built? Who pushed a product that is still an abject failure even after years of development and hundred of millions of dollars?

  3. It’s been a real joy and pleasure reading Florian Mueller’s article on the trial. He does journalism the way it should be, reporting facts and distilling important information. It’s nice to see that jouranalism has not totally mutated into the speculative manipulative fantasy spin it is today.

    Those are pretty strong words to come out from someone like him to say that Samsung lied, I wonder if Kunt Koh got that. He’s been quite right about Apple having quite the run for their money during the case but they should prevail.

    Many are pointing out that this does have applications for the industry and IP overall and I do agree.

    Anyway it sure has been exciting. I wonder what Google will be like when their turn comes.

    1. Florian Mueller’s writing about this trial is not journalism. Your referring to a participant in the case shows that you are not taking this seriously.

      I am sure the participants know more about this than you do.

      1. If Florian Mueller’s blog isn’t journalism then what exactly is it and how does referring to a participant (I gather you are referring to Koh) show that I am not taking it seriously.

        Either way, some people are taking it seriously: “The U.S. Court of Appeals for the Federal Circuit said that the lower court [Judge Lucy Koh] abused its discretion in denying the injunction with respect to utility patents and asked it to reconsider.”

  4. Apple, in telling the judge they wouldn’t need a day, cleverly makes a point that this tactic was so expected they just needed a few hours to replace the boilerplate text they have sitting warm on some paralegal’s monitor with the specific accusations Samsung is raising this time.

    1. These early battles reflect an all-out IP War that is just beginning. Apple is attacking the most egregious (easiest target) in a well financed long-term war to protect its IP. Apple is winning damages, royalties, the fight to enforce injunctions and public perception. They are laying a foundation for future combat and setting precedents. For the sake of creativity, ethics, innovation and justice…I hope they prevail.

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