Judge Denies Samsung Motion to Delay November Damages Retrial

Judge Lucy Koh has denied a Samsung motion to delay a limited damages retrial with Apple that is scheduled for November, reports Foss Patents.

The order, which refers to the reasons stated on the record (but does not elaborate on them in any way), denies two Samsung motions designed to throw a monkey wrench or two into the works of Apple's pursuit of actual, enforceable remedies for infringement.

Samsung had complained that Apple was seeking "vastly greater damages" for the thirteen products at issue compared to the amounts awarded by a jury last year. They asked for relief from the case management order that governs the preparation of the retrial. Judge Koh delayed their motion to vacate the whole retrial schedule; however, FOSS PATENTS notes that the order indicates that the parties were obligated by the court to serve clean and redline versions of their expert reports without some "alternative [damages] theories foreclosed by this ruling".


Samsung also requested a new trial based on the validity of the rubber-banding '381 patent, arguing that the scope of the patent had been narrowed during reexamination of the patent by the USPTO. Judge Koh denied this request.

The jury trial is set to begin on November 12, 2013. A pretrial conference will be held on October 17, 2013.

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