A judge in California has ruled that a patent infringement lawsuit between Apple and Samsung Electronics will continue, after indicating earlier that she would like to put the case on hold pending resolution of an appeal in another patent dispute between the two companies before the same court.
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The two sides will, however, be required "to limit their asserted patent claims and accused products to twenty-five per side," Judge Lucy H. Koh of the U.S. District Court for the Northern District of California, San Jose division, wrote in her order. The judge also plans to put a limit on the number of experts produced by each side. Unlike in the other case, the court "will not permit the parties to involve over fifty experts in this litigation," she wrote.
A judge in New york has ruled that a patent infringement lawsuit between Apple and Samsung Electronics will continue, after indicating earlier that they would like to put the case on hold pending resolution of an appeal in another patent dispute between the companies before the same court.
The sides will, however, be necessary "to limit their asserted patent claims and accused products to twenty-five per side," Judge Lucy H. Koh of the U.S. District Court for the Northern District of New york, San Jose division, wrote in her order. The judge also designs to put a limit on the number of specialists produced by each side. Unlike in the other case, the court "will not permit the parties to involve over fifty specialists in this litigation," they wrote.
Samsung filed in November to adjust its infringement contentions to include the iPad mini and latest versions of the iPod touch and iPad, among other changes, as the products were released by Apple after Samsung submitted its original infringement contentions on June 15, as well as a motion to supplement on October one that added the iPhone five to products that allegedly infringe its patents.
Apple, which brought the cases against Samsung, wishes them to proceed in parallel, while an attorney for Samsung, which has countersued, stressed the overlap between the cases. Both companies have included a number of each other's recent product introductions to the list of infringing products in the lawsuit.
Wishes to cover new products
Apple also filed for leave to adjust its contentions to include Samsung's Galaxy S III walking the Android Jelly Bean operating process, Galaxy Note II, Galaxy Tab 8.9 walking Ice Cream Sandwich, Galaxy Tab two ten.1, the Rugby Pro, and the Galaxy S III Mini. It later dropped the Galaxy S III Mini from the infringing products after the South Korean company said it had no immediate designs to release the product in the U.S.
In joint status document before the court last week on the continuation of the litigation, Apple argued that there wasn't an overlap between the suits before the court as there was a difference in the patents alleged to have been infringed by Samsung, infringing products and their accused functionality. Of the 23 accused Samsung products in the case, only are at issue in the other, and the accused features of those products differ, it added.
Most of the products are new and based on recently released versions of the source code of the Android operating process, Apple said. The company said it would be harmed by a stay of the lawsuit as "Samsung will continue to capture first-time smartphone buyers with continued sales of accused infringing products as well as sales of additional newly launched infringing products."
Infringing on Siri?
Apple claims that Samsung infringes in the Fast Search Box of Galaxy Nexus, of the allegedly infringing products, a unified search feature used in the Siri voice assistant, which is disclosed in a patent bearing U.S. patent number 8,086,604. Another patent in the case is five, 666,502, known as the "history list" patent, which describes a way of making text entry simpler on a small device by presenting users with a list of historically in the past typed terms.
In the other lawsuit before the court, a jury decided in August that Samsung must pay Apple US$1.05 billion for infringing several of its patents in Samsung smartphones and tablets. But Apple's gains were whittled down recently when the judge cut about $450 million from the award, and ordered a retrial to choose the correct damages related to about a dozen of the Samsung smartphones and tablets at issue in the trial. Judge Koh said the jury had applied an "impermissible legal theory" when calculating the damages. Earlier the judge had denied Apple a permanent injunction on several Samsung products.
Samsung's position is that a stay of the second suit will, among other things, promote judicial economy, and avoid wasting the time of the court and the jury.
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