Apple can refile the patent infringement claims it dropped in its case against Samsung thanks to a ruling by Judge Lucy Koh. Judge Koh had asked both side to reduce the claims in their current case to reduce complexity, but chose to leave the door open for Apple to file a new lawsuit despite Samsung’s objections.
Samsung may have to face Apple’s dropped patent claims again
Samsung had requested Apple’s dropped patent infringement claims be dismissed with prejudice, according to Florian Mueller of Foss Patents, which would’ve barred the Mac and iPad maker from putting together a new lawsuit. Judge Koh, however, dismissed the claims without prejudice which means Apple could include the dropped patents in a future lawsuit.
Both companies dropped about half of their infringement claims in their lawsuits against each other at Judge Koh’s request. She warned Apple and Samsung that their cases were too complex and putting them in front of a jury would be akin to “cruel and unusual punishment.”
Had they not complied with the request the July trial date they’ve been working towards would’ve been pushed out until some time in 2013.
Apple and Samsung have been involved in a months-long patent infringement battle in courts around the world over allegations that each side is using mobile patents without proper licensing. At one point Apple’s attorneys claimed in court that Samsung has been “slavishly” copying the iPhone and iPad designs.
Apple also claimed that Samsung gained its spot as the worldwide top smartphone seller by infringing on its mobile patents. Samsung responded by saying Apple can’t compete in the smartphone market, so instead is “seeking to compete through litigation, requesting injunctions against the full lineup of Samsung’s mobile phones and tablet products.”
The CEOs from both companies are scheduled to meet on May 21 to discuss the possibility of an out of court settlement at the request of Judge Koh.