“On Thursday evening local California time, Samsung filed a notice of appeal to the Federal Circuit of the final judgment that had been handed down less than 20 hours before,” Florian Müller writes for FOSS Patents. “By proceeding so quickly, Samsung demonstrates a strong belief that something is fundamentally wrong with the outcome of that California case. And presumably it won’t take long before Apple will also appeal the unfavorable parts of that ruling, possibly including Thursday’s denial of its renewed motion for a permanent injunction.”
“The August 2012 billion-dollar jury verdict can be appealed only now because a limited damages retrial (concerning 13 of the 28 accused devices) had to be held last November (resulting in a final total damages figure of $929 million), and after a partly (but, as we know now, not sufficiently) successful appeal by Apple of the December 2012 denial of an injunction, Judge Lucy Koh had to take another look at this equitable remedy,” Müller writes. “Samsung was unhappy about the verdict for several reasons. None of its offensive counterclaims against Apple succeeded, while Apple prevailed on almost all liability issues.”
“It’s a safe guess that the validity of the ‘915 patent will be a key issue on appeal. Should the Federal Circuit share the USPTO’s current perspective that the patent should never have been granted in the first place, then there will have to be another retrial,” Müller writes. “Yes. Another retrial.”
Read more in the full article here.
MacDailyNews Take: Justice delayed in justice denied.
Judge Lucy Koh denies US sales ban of Samsung’s patent-infringing products sought by Apple – March 6, 2014
Jury finds Samsung willfully violated Apple patents – August 24, 2012