Apple this week requested that eight Android-based Samsung phones be banned as a result of last week's patent infringement verdict, but the two sides will not face off in court about the ban until December.
Judge Lucy Koh on Tuesday scheduled a hearing for Dec. 6 at 1:30 p.m. to consider Apple's request to ban the eight devices: the Galaxy S 4G, two versions of the Galaxy S II, Galaxy S2 Skyrocket, Galaxy S2 Epic 4G, Galaxy S Showcase, Droid Charge, and the Galaxy Prevail.
Samsung has until Oct. 19 to file its formal response to Apple's injunction, and Apple then has until Nov. 9 to reply to that. Samsung must make its case in 35 pages or less and Cupertino only has 15 pages - a limit Koh said will be "strictly enforced." Judge Koh made headlines during the trial when she asked if an Apple lawyer was "smoking crack" after he handed in a 75-page witness list, which Koh found to be unreasonable.
Samsung, meanwhile, has asked the court to overturn the current ban on its Galaxy Tab 10.1 given that the jury found that Samsung did not infringe on Apple's iPad design patent. Judge Koh said yesterday that Apple has until Sept. 7 to file its 7-page response to Samsung's request, and Samsung can reply to that in a 3-page document due on Sept. 13. A tentative hearing on the matter is scheduled for Sept. 20, but that will only take place "if necessary," court documents note.
Samsung, however, took issue with this schedule, arguing that the Galaxy Tab 10.1 ban should be lifted immediately.
"Apple does not dispute that the jury has found that Samsung's Galaxy Tab 10.1 does not infringe the D'889 patent and thus has rejected the sole ground upon which Samsung's Galaxy Tab 10.1 was preliminarily enjoined," Samsung said.
"Apple argues that there is no need to expeditiously dissolve the preliminary injunction because Samsung is not being harmed by it," Samsung continued. "There is no authority for Apple's remarkable proposition that an injunction, no longer supportable as to its conclusions about likely infringement, can be maintained merely because it supposedly is causing no harm."
Samsung also accused Apple of lying to carriers and retail partners about what the injunction entails. Cupertino reportedly told them to stop selling the Galaxy Tab 10.1 and "any product that is no more than colorably different from it and embodies the '889 patent's design."
"That claim by Apple was and remains utterly false," Samsung said. "Prompt relief in the form of dissolving the injunction is more than amply warranted in light of Apple's efforts to disrupt the business of both Samsung and its retail partners through such misrepresentations about the injunction."
There is also a dispute over whether the California district court has jurisdiction over the request to lift the ban since the case has since been appealed to the Federal Circuit. Samsung thinks it does; Apple does not. Judge Koh said both parties can consider the jurisdiction issue in their respective filings.
For more on the phones Apple wants to ban, meanwhile, see the slideshow below. Also check out Apple Patent Breakdown: Which Samsung Tech, Gadgets Infringe?
via-PCMag
via-PCMag
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