Apple Inc. (AAPL:US) objected to the possibility that proceedings in a patent lawsuit against Samsung Electronics Co. (005930) scheduled for trial in 2014 will be put on hold while an appeals court reviews an August verdict in an earlier case.
The objection, filed yesterday in federal court in San Jose, California, was in response to U.S. District Judge Lucy Koh’s inquiry at a hearing last month. The judge said she was skeptical of the need for both cases to proceed, especially while the first case is being appealed.
On March 1 Koh reduced a jury’s $1.05 billion damages award to Apple in the first case by $450.5 million. The jury based its award for 14 Samsung products on an incorrect legal theory, Koh ruled. She said the companies should consider appealing her decision before any damages trial begins.
“This case must proceed now, in order to stop the ongoing sales -- and relentless launch -- of Samsung’s latest infringing devices, which have caused, and every day continue to cause, continuing harm to Apple,” the Cupertino, California-based company said in the filing.
Samsung said in the same filing, a joint report filed with Apple, that it agrees with the judge that the second case should be put on hold to “promote judicial economy.” The lawsuit was filed last year and covers technology in newer smartphones made by both companies, including Samsung’s Galaxy S III and Apple’s iPhone 5.
Apple is challenging a decision by Koh that allows Suwon, South Korea-based Samsung to continue selling some products that were found by the jury to infringe Apple patents.
In a Feb. 12 filing with the U.S. Court of Appeals for the Federal Circuit in Washington, Apple said that Samsung has taken market share based on its “deliberate copying of Apple’s innovative iPhone and iPad products” and asked the court to halt the sales (AAPL:US).
In yesterday’s filing, Samsung said staying the more recent case will “allow the parties to attempt to reach a business resolution of their disputes.”
The earlier case is Apple Inc. v. Samsung Electronics Co. Ltd., 11-cv-01846, and the case scheduled for trial next year is Apple Inc. v. Samsung Electronics Co., 12-cv-00630, U.S. District Court, Northern District of California (San Jose).
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