Editor in Chief
- Dec 30, 2010
- Reaction score
- Austin, TX
Just because it has been so long and you might have forgotten, here's a refresher: Samsung and Apple where locked in a titanic legal battle over the past few years regarding patent infringement. In the U.S., Apple defeated Samsung in court and won a $1.05 Billion dollar verdict against the South Korean manufacturer. This was later reduced by Judge Koh to $650 Million dollars after reviewing the way the jury handled the damages calculations. It has been some time since we have seen much movement on this once dominating story, but the retrial for damages is rapidly approaching in November. (It's amazing how quickly time flies.)
Now, fast forward to the present: Samsung has been trying to get Judge Koh to delay the damages retrial. Despite the fact that Samsung may have some legitimate reasons to delay it, Judge Koh ruled the retrial will proceed forward as scheduled in November. Samsung tried in vain to get Judge Lucy Koh to delay the retrial because several new factors are still in flux. There have been some legal changes since the original trial. The primary change is that The USPTO is in the process of re-examining several of Apple's patents. The big ones which relate to this trial are the “rubber-banding” effect for scrolling at the edges of a screen, and the infamous 915 pinch to zoom patent. It is entirely possible that the USPTO will end up invalidating these patents after their review, and because of that it will render most of the damages trial and retrial moot.
Samsung wanted Judge Koh to wait for these rulings so they could appeal the verdict or schedule a whole new trial based upon the new findings. Obviously both of these objections would have added a significant delay to the proceedings, so , in the interest of reducing delays in the court system, Judge Koh refused the objections. We will keep following this and share more details as the retrial date looms.