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Apple loses bid to include Galaxy S4 in US lawsuit against Samsung

updated 09:44 am EDT, Thu June 27, 2013

Apple v. Samsung draining time away from other parties

Apple has lost a motion to include the recently-launched Galaxy S4 among a list of infringing products in its second of two US lawsuits against Samsung. Adding another product would be a "tax on the court's resources," said Magistrate Judge Paul Grewal in a ruling earlier this week. "Each time these parties appear in the courtroom, they consume considerable amounts of the court's time and energy, which takes time way from other parties who also require and are entitled to the court's attention."

A lawyer for Apple, Josh Krevitt, told Grewal that excluding the S4 "would require Apple to file a new lawsuit" because the products in the current case will be outdated by a planned 2014 trial date. Apple spokespeople have declined to comment on the ruling however, making it unclear if the company will indeed pursue a third US lawsuit.

So far only one Apple v. Samsung lawsuit has concluded, but even now the outcome is being contested. A $1.05 billion damages settlement was awarded to Apple last year, but citing jury error, District Judge Lucy Koh later lowered that total to $639.4 million. Koh has ordered a new damages trial in November for some of the products in the case.

by MacNN Staff



  1. iphonerulez

    Dedicated MacNNer

    Joined: 11-28-08

    Apple has failed miserably at protecting its patents. I hope some lessons were learned for the future. Apple certainly must have some lousy lawyers. Apple is going to be lucky just to get a penny from Samsung.

  1. Stuke

    Forum Regular

    Joined: 02-11-05

    What a lame response from the courts. The way the quote reads makes the court's response sound like...'we don't care about your claim that somebody is copying / infringing your patents. We have better things to do.'

  1. DiabloConQueso

    Fresh-Faced Recruit

    Joined: 06-11-08

    I don't agree with you, iphonerulez. Apple has been very vigilant in trying to protect their IP through litigation (which, when you're an 8,000,000 pound gorilla, is pretty much the ONLY route available) -- it's the courts that have been all over the board. In one court in one country, Apple wins phenomenally -- then, in another court in another country (or even in the same country), another court rules in the opposite direction concerning largely the same things.

    I think this stems from technological IP and patent law -- not so much how it stands today -- but rather that it's REALLY subjective stuff, and a lot of the courts (and judges presiding) are not technologically advanced enough to be able to fully understand what's in front of them. IP law is frickin' complex, outdated, and is easily manipulated (look at Disney's retention of Mickey Mouse far beyond what trademark and patent law says, due to intense lobbying and a whole lot of money).

    I think Apple's options are simple -- keep innovating. Don't stand still. Keep the "next big thing" coming. Other companies rely on a single idea to carry them through the years -- Apple has relied on upending traditional interpretations and introducing "new" things steadily. If they lose a patent war on, say, portions of the iOS interface and user experience, then they should pick themselves up, dust off, and make the "next big thing." They're kind of good at that.

  1. wrenchy

    Forum Regular

    Joined: 11-03-09

    Apple's tactic: Let's throw everything at the wall and see what sticks.

    I guess this one didn't.

  1. Flying Meat

    Dedicated MacNNer

    Joined: 01-25-07

    I think one might more aptly attribute such tactics to the legal profession, no?

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