Apple vs. Samsung, Round 2 to proceed in California court - wellsdresse

A judge in California has subordinate that a unmistakable infraction lawsuit 'tween Apple and Samsung Electronics will continue, subsequently indicating earlier that she would like to put the case on hold pending resolving of an appeal in another unmistakable dispute between the two companies before the same court.

The two sides will, however, be required "to limit their declared patent claims and accused products to 25 per side," Underestimate Lucy H. Koh of the U.S. Territory Court for the Federal District of California, San Jose division, wrote in her order. The judge also plans to put a limit connected the number of experts produced away each slope. Unlike in the unusual case, the Margaret Court "leave not permit the parties to involve over 50 experts in this litigation," she wrote.

Apple, which brought the cases against Samsung, wants them to proceed in parallel, while an lawyer for Samsung, which has countersued, stressed the overlap betwixt the cases. Both companies have included about of each other's recent product introductions to the list of infringing products in the case.

Wants to cover new products

Samsung filed in November to rectify 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 afterwards Samsung submitted its original offense contentions on June 15, and a motion to append along October 1 that added the iPhone 5 to products that allegedly infringe its patents.

Apple also filed for leave to amend its contentions to admit Samsung's Galaxy S Leash running the Android Jelly Bean operational system, Galax Note Deuce, Galaxy Tab 8.9 running Ice Cream Sandwich, Galaxy Tab 2 10.1, the Rugby Professional, and the Galaxy S III Mini.( It tardive born the Galaxy S Trine Mini from the infringing products after the South Korean company said information technology had no immediate plans to release the product in the U.S.

In joint status report in front the court last week on the continuation of the litigation, Apple argued that there wasn't an overlap between the two suits before the court as on that point was a difference in the patents alleged to have been infringed away Samsung, infringing products and their accused functionality. Of the 23 accused Samsung products in the case, only two are at issue in the another, and the accused features of those products differ entirely, it added.

Most of the products are brand-new and based on recently free versions of the source encipher of the Android OS, Apple said. The company same it would be harmed by a stay of the lawsuit as "Samsung will go forward to capture first-time smartphone buyers with continued gross sales of accused infringing products too as gross revenue of additional fresh launched infringing products."

Infringing on Siri?

Apple claims that Samsung infringes in the Quick Search Boxful of Galaxy Nexus, one of the allegedly infringing products, a unified search feature film misused in the Siri voice assistant, which is disclosed in a patent bearing U.S. patent number 8,086,604. Another patent of invention in the case is 5,666,502, known as the "history list" patent, which describes a path of fashioning text entry easier on a small twist by presenting users with a list of antecedently written terms.

Samsung's position is that a delay of the second suit will, among other things, kick upstairs judicial saving, and avoid cachexia the time of the court and the jury.

In the new 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 determine the correct damages related to about a dozen of the Samsung smartphones and tablets at issue in the trial run. Gauge Koh said the panel had applied an "impermissible legal theory" when calculating the damages. Earlier the judge had denied Apple a permanent injunction on several Samsung products.