Apple to Get a Second, More Abbreviated Case Against Samsung
After Apple filed a March 7 brief on the urgency of a second case against Samsung, the judge agreed, though with parameters.For Apple and Samsung, it seems the show will go on. U.S. District Judge Lucy Koh, who has been overseeing the ongoing patent battle between Apple and Samsung, last month expressed doubts about the need for a second trial for another suit that Apple had filed against Samsung in February. In a Jan. 29 order, posted by The Verge, Koh wrote that "a new trial would be contrary to the interests of justice." And in February she commented, "I just don't know if we really need two cases on this." On March 8, however, she entered a case management order, laying out the ground rules for a second trial, which would go into effect in March 2014.
How will the rule of law ever be enforced if companies have to drop claims against products they actually consider to have infringed and if they don't have reasonable access to injunctive relief that would give them enough leverage to obtain a favorable settlement? How can a legitimate innovator enforce his rights against an obstinate infringer? With all the talk about the U.S. patent system being "broken," there's hardly any attention to the fact that the U.S. patent enforcement system makes it extremely difficult for rights holders to deal with parties that infringe large numbers of patents with large numbers of products.In August, a jury in Koh's court ruled that Samsung had infringed on Apple patents and owed Apple $1.05 billion. On March 1, Koh knocked roughly $450 million off Samsung's tab, but called for a new trial to more exactly determine what Apple should be paid. Nokia, not so much backing Apple as the right to protect one's patents, filed an "amici curiae" brief March 5, saying that it supported Apple's efforts to have a court order reversed and certain of Samsung's products banned. Follow Michelle Maisto on Twitter.