MacNN | Apple vs Samsung: Judge orders further narrowing of claims
Mac News Network View: Standard | Headlines | Categorized | Slim
Mac News Network
Mac News iPod News Reviews Forums
 

Desktop Headlines
Apple vs Samsung: Judge orders further narrowing of claims
Thursday, April 25, 2013 @ 7:30pm

As she did in the first Apple vs. Samsung patent trial, Judge Lucy Koh is again requiring the companies to narrow their claims and limit the scope of their arguments against each other as both firms prepare for a second patent trial on different patent infringement arguments than those in the first trial, which Apple won handily but is currently on appeal. The order, which was issued late on Wednesday, comes ahead of some possible summary judgement rulings that could leave either Apple or Samsung with fewer patents to argue over.



The summary judgement rulings are expected to take place in December of this year, with the full trial (assuming matters proceed to that stage) scheduled to start at the end of March, 2014. In a previous order, Judge Koh limited both companies to ten claims total from as many as five different patents per side for the summary judgement hearing. The new ruling sets a time limit of February 6, well past the summary judgement phase (in which, presumably, some patents from either company may be tossed out of the case or invalidated) further narrows the limitation for the actual trial to five claims per side. As trial and patent law analyst Florian Mueller observes, this means that which ever company prevails during the summary judgement hearings will be able to assert a greater number of patents within their allotted five claims, giving them a better chance of overall success. The order also limits accused products to 10 per side at present, though Apple may still prevail with its proposal to simply allow "representative" products to be specifically accused, with similar products being included if the representative one is found guilty of infringement. Given Koh's procedures in the last trial, this proposal stands a good chance of eventually being adopted, as it simplifies the work of the jury. In addition, the new order limits each company's "invalidity" arguments (reasons why the other company's patents may be invalid) to 15 per side. This would mean that if a company asserted five patents at the trial, the average number of theories the other company could present about why the patents may be invalid would average three per patent. According to Mueller, the trial in March is expected to run only 12 days, and thus both companies can expect to face further limits as they did in the first trial, on matters such as the number of "expert" witnesses and how long each side is allowed to question witnesses.

Comments on this Article
Print Friendly Version
Email to a Friend
Add MacNN to Your RSS Feeds
Buy from the Apple Store


Related Stories:

Today's MacNN Stories:

  • Google debuts Inbox as tool for managing email with automated bundling - 7:35 PM EST
  • Rare Apple I computer sold at auction for $905,000 - 6:42 PM EST
  • FCC freezes clock on merger reviews of Comcast/TWC, AT&T/DirecTV - 5:33 PM EST
  • OS X Yosemite nudges Chrome, Firefox users into trying Safari - 5:08 PM EST
  • iPad Air 2, Mini 3 now available for Personal Pickup at Apple Stores - 4:14 PM EST
  • FBI director asks Congress to update law to circumvent encryption - 3:50 PM EST
  • Avast 2015 adds Home Network Security, SecureDNS - 3:20 PM EST
  • Apple Pay bugs cause problems with card images, overcharging - 2:39 PM EST
  • Hands On: RapidWeaver 6 (OS X) - 2:18 PM EST
  • Unity Technologies names ex-EA exec John Riccitiello as CEO - 2:04 PM EST
  • Ricoh unveils three laser printers with 23 page-per-minute output - 1:49 PM EST
  • Early reviews call Air 2, Mini 3 best iPads ever, but just iterative - 12:56 PM EST
  • Pangu team debuts early, developer-only iOS 8.1 jailbreak - 11:07 AM EST
  • Briefly: Sky+ mobile app update, UberXL launches in United Kingdom - 10:55 AM EST
  • Apple CEO meets with Chinese official to discuss iCloud hijacks - 9:51 AM EST
  • Google Play Music updates Listen Now page, adds Songza playlists - 6:49 AM EST
  • Apple SEC filing reveals executive RSU bonuses, lobbying costs - 12:13 AM EST

    Today's iPodNN Stories:
  • Giveaway: Rapoo 3920P wireless laser mouse - 4:42 PM EST
  • Barnes & Noble unveils Samsung Galaxy Tab 4 Nook 10.1 - 4:14 PM EST
  • Moto 360 software update ships, wireless charging dock on Google Play - 8:33 AM EST
  • AR start-up Magic Leap secures $542M investment from Google, others - 7:32 AM EST
  • Yahoo beats projections, previous year with $1.15B in revenue - 8:17 PM EST
  • No comments posted on this story yet. Please post yours.
    Your Comments
    In order to post comments, you must be a registered member of the MacNN Forums and logged in. Please login with your MacNN Forums username and password.

    MacNN Forums Login:

    MacNN Forums Password:

    Not a member of the MacNN forums? Register now for free.