Apple says Samsung tactics 'crossed bounds of reason'

Apple lashes out at Samsung's attempt to halt a trial while the jury is deliberating

Apple says a request by Samsung to halt a damages retrial, in which the jury is currently deliberating, "crossed the bounds of reason."

Lawyers for Samsung Wednesday filed an emergency motion asking U.S. District Court Judge Lucy Koh to halt the retrial in anticipation that the U.S. Patent and Trademark Office would nullify one of the patents at the center of the case.

The patent, U.S. Patent 7,844,915, covers a single and multitouch zooming method for smartphones and is being reexamined by the patent office to determine if it should have been issued in the first place.

Samsung said the USPTO advised it on Wednesday that it intends to find all claims of the patent are invalid.

"The Advisory Action is the Examiner's final word on the invalidity of the '915 patent. This decision by the PTO jeopardizes the jury's findings in the damages trial and may render all of the post-trial proceedings a waste of time and resources," Samsung said in its request.

Apple wasn't impressed.

"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," Apple's lawyers said.

Apple said that Samsung selectively quoted from the USPTO notice and that the decision was only final "unless a timely appeal is filed, or other appropriate action is taken to overcome all of the outstanding rejection."

Apple didn't say whether it intends to file an appeal, but noted that it still has time to do so.

"Apple is still within the period during which it may respond to the July 26 final Office Action and persuade the examiner to withdraw the rejection. The Court should deny Samsung's latest attempt for a stay."

On Thursday morning, jurors resumed their deliberations in the damages retrial at the U.S. District Court for the Northern District of California in San Jose. The eight jurors are trying to decide how much Samsung should pay for infringement of several Apple patents, including the '915 patent, in multiple models of its smartphones.

Apple has asked for $380 million while Samsung argued the payment should be $52 million.

Martyn Williams covers mobile telecoms, Silicon Valley and general technology breaking news for The IDG News Service. Follow Martyn on Twitter at @martyn_williams. Martyn's e-mail address is martyn_williams@idg.com

Join the newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection

Tags Applesamsungconsumer electronicsintellectual propertysmartphonespatentiPhonelegalAndroid

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Martyn Williams

IDG News Service
Show Comments

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

George Khoury

Sharp PN-40TC1 Huddle Board

The biggest perks for me would be that it comes with easy to use and comprehensive programs that make the collaboration process a whole lot more intuitive and organic

David Coyle

Brother PocketJet PJ-773 A4 Portable Thermal Printer

I rate the printer as a 5 out of 5 stars as it has been able to fit seamlessly into my busy and mobile lifestyle.

Kurt Hegetschweiler

Brother PocketJet PJ-773 A4 Portable Thermal Printer

It’s perfect for mobile workers. Just take it out — it’s small enough to sit anywhere — turn it on, load a sheet of paper, and start printing.

Matthew Stivala

HP OfficeJet 250 Mobile Printer

The HP OfficeJet 250 Mobile Printer is a great device that fits perfectly into my fast paced and mobile lifestyle. My first impression of the printer itself was how incredibly compact and sleek the device was.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?