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Thursday, March 28, 2024 | Back issues
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Apple-Samsung Case|Goes Into Hyper Drive

SAN JOSE, Calif. (CN) - Samsung can accelerate its fight against a $1 billion judgment for infringing patented Apple technology, a federal judge ruled.

Samsung asked U.S. District Judge Lucy Koh for a shortened briefing schedule Tuesday, citing time constraints to bring the case to the 9th Circuit by Sept. 7. The South Korean company wanted Apple's opposition to the stay filed by Aug. 29 and for Koh to decide the issue without oral argument.

Against opposition from Apple, the judge agreed to Samsung's expedited schedule. Her own timetable, however, gives Apple until Aug. 31 to file its opposition to the stay and until Sept. 7 to oppose lifting the Galaxy tablet injunction.

She indicated there would be no hearing on the stay, and told both sides to address whether her court even has the jurisdiction to lift the Galaxy injunction.

A hearing on that issue, if necessary, is set for Sept. 20, Koh said.

Koh also plans to hold one marathon hearing on Dec. 6 that consolidates Apple's motions for preliminary and permanent injunctions on eight of the 28 Samsung smartphones that the jury decided were iPhone copies, its motions for willfulness enhancements and both parties' Rule 50 motions.

"In light of the substantial overlap between the issues involved in Apple's motion for a preliminary injunction, Apple's motion for a permanent injunction, Apple's motion for willfulness enhancements, and the parties' respective Rule 50 motions, the Court believes that the interests of justice and judicial economy will be best served by addressing Apple's requests for equitable relief together with the parties' Rule 50 motions," Koh wrote.

"Furthermore, in light of Apple's Aug. 27, 2012 statement indicating that it intends to seek a preliminary injunction against eight Samsung phones involving seven different intellectual property rights, the court believes it is neither appropriate nor feasible to set an expedited briefing and hearing schedule on Apple's motion for a preliminary injunction in advance of Apple's motion for a permanent injunction," she added.

Koh also signed off on agreements by both sides to drop claims that were unsuccessful in front of the jury.

On Aug. 24, a nine-person jury found that Samsung copied several of Apple's iPhone and iPad patents to produce its Galaxy line of smartphones and tablets after just 21 hours of deliberations. The U.S. litigation is only one front of more than 50 in a two-year war between the two companies, stretching from the European Union to Australia and spanning four continents.

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