Samsung wants a retrial in $1B patent ruling for Apple
Apple's narrowing of a patent claim constitutes new evidence, Samsung says
IDG News Service - Samsung Electronics has requested a new trial for a patent related to a $1 billion infringement ruling against it in a case brought by rival Apple, due to a re-examination of the patent at the U.S. Patent and Trademark Office.
Samsung, in a petition filed late Monday, asked the U.S. District Court for the Northern District of California to retry the damages portion of the patent infringement case for one of seven Apple patents Samsung was found to infringe last August.
The Samsung request for a retrial covers U.S. patent 7,469,381, a patent for list scrolling and document translation, scaling and rotation on a touchscreen display, known as Apple's overscroll bounce patent.
Earlier this year, the USPTO re-examined the Apple patent, and Samsung has learned that Apple has "successfully advocated a new claim construction ... and significantly narrowed its scope in connection with re-examinationA proceedings before the PTO to avoid having this claim rejected," Samsung's lawyers wrote in court documents.
While the USPTO confirmed Apple's patent claim, Apple "advocated an entirely new and far narrower interpretation" of the claim used against Samsung, Samsung's lawyers wrote. With the new interpretation, several Samsung products "cannot possibly infringe" Apple's claim on the patent, they wrote.
Samsung also asked the court for a stay in the case pending its appeal.
Last week, Samsung asked the court to remove its deadlines in the case because Apple's new damages expert had come up with larger damage estimates than previously asserted, reported Florian Mueller on Fosspatents.com. Apple accused Samsung of attempting to "delay and derail" the case.
Representatives of Apple and Samsung didn't immediately respond to requests for comments on the petition for retrial.
- Samsung invokes Alice case to challenge two Apple patents
- Elon Musk to open up Supercharging patent designs
- Apple asks U.S. court to make Samsung remove infringing features
- Apple and Google agree to drop all patent suits
- Update: Jury finds Samsung infringed Apple patents, must pay $120M in damages
- The wrath of Koh: Samsung gets judge's ire in Apple patent case
- In Apple v. Samsung, it's a 'holy war' for $2B
- A day into the trial, Apple and Samsung already annoying each other
- Supreme Court justices raise questions about software patents
- Phil Schiller up again in next round of Apple-Samsung battle
- Big Data, Big Mess: Sound Risk Intelligence Through Complete Context This paper examines the insecurity of the small businesses in the supply chain and offers tips to close those backdoors into the enterprise.
- Using Cyber Insurance and Cybercrime Data to Limit Your Business Risk This paper examines the challenges of understanding cyber risks, the importance of having the right cyber risk intelligence, and how to use this...
- 5 Tips to Secure Small Business Backdoors in the Enterprise Supply Chain This paper examines the insecurity of the small businesses in the supply chain and offers tips to close those backdoors into the enterprise.
- Confront consumerization with convergence Virtualization expert Elias Khnaser spotlights the security, compliance, and governance issues that arise when enterprise users "consumerize" with shadow IT and public cloud...
- NSS Labs & Cisco Present: Evaluating Leading Breach Detection Systems Today's constantly evolving advanced malware and APTs can evade point-in-time defenses to penetrate networks. Security professionals must evolve their strategy in lockstep to...
- Will the Real Endpoint Threat Detection and Response Please Stand Up? This webinar explores new technologies & process for protecting endpoints from advanced attackers as well as the innovations that are pushing the envelope... All Legal White Papers | Webcasts