Judge Lucy Koh set December 6 for a hearing in Apple and Samsung’s post-trial case to review Apple’s request for triple damages and a permanent injunction blocking the sale of several Samsung smartphones in the United States. She will also review Samsung’s motions to overturn parts of the jury’s verdict that it infringed on several of Apple’s mobile device patents.
The two companies will also spend time in Judge Koh’s courtroom on September 20 to review preliminary injunction motions, which will likely include Samsung’s request to lift the injunction blocking the sale of the Galaxy Tab 10.1 tablet in the U.S.
Apple has already submitted a list of smartphones it wants included in its preliminary injunction, although wording the company has used in previous injunction motions could allow for unnamed and future phones to be included.
“I’d lke to reiterate that the Galaxy S III will also be affected by a preliminary injunction if it infringes any of the relevant patents in a way that is no more than colorably different from the exemplary infringing devices listed by Apple,” said Florian Mueller of Foss Patents. “Judge Koh’s previous two preliminary injunctions against Samsung used a wording that undoubtedly includes other products than the ones named as examples of past infringement, even products that will be launched only after an injunction issues.”
Apple won a major victory last Friday when the jury in the mobile device patent infringement trial found that Samsung was willfully infringing on nearly all of the patents Apple included in its complaint, while Apple wasn’t infringing on any of Samsung’s. The jury awarded Apple over US$1 billion in damages.
Samsung called the verdict a major loss for consumers and innovation, while Apple said it was validation that companies should compete by creating their own unique products instead of stealing designs. Despite its posturing, Samsung has already contacted cell service providers about software updates that will remove smartphone features to work around the infringement issues.
Samsung also plans to appeal the jury’s verdict, so it’s a safe bet this case will drag out for several more months, if not longer.