Breaking information coming out of California's Northern District Court docket tonight, as Assess Lucy Koh, who presided over the now- infamous Apple v. Samsung trial, has issued post -tri al rulings on the parties' respective motions.
Jury Misconduct (Vel Hogan)
Assess Koh ruled that no jury misconduct occurred during the Apple v. Samsung trial, and that she would refuse to entertain the challenge even further. The choose will not even keep an evidentiary listening to on the issue, which means Samsung unsuccessful in even at the most primary amount in arguing its situation for a new trial on account of Vel Hogan's alleged biases. This issue can be appealed, but the bar for overturning a submit -trial motion for a new trial on the grounds of juror misconduct is abuse of judicial discretion - indicating you can most likely contemplate this situation useless and buried.
The verdict will stand, though damages adj ustments may nevertheless be modified put up -trial (and a new trial could nonetheless be granted on grounds of hurt calculation difficulties - we will see).
Permanent Injunctions on Samsung Products
The judge dominated that Apple's movement to have Samsung's infringing Android goods banned from sale in the US was denied. Assess Koh noted - appropriately - in her ruling that quite a few of the allegedly infringing Samsung products had been no for a longer time on sale in the US, and the fact that Apple had certified a lot of of the patents in suit to 3rd - parties (even if this kind of licenses have anti-cloning agreements), which is probably greater for the market as a entire . And, personally, I still maintain that Samsung's alleged stance of negotiation not staying an alternative with Apple is mere posturing. Although Apple's authentic licensing present to Samsung was one thing of a farce, I would not be amazed to see the two appear to an agreement in the upcoming year.
It is value noting, on the other hand, that this decision does not have an impact on the second Apple v. Samsung tri al, which accuses equipment these kinds of as the Galaxy Nexus, Galaxy S III, and Galaxy Observe II. None of individuals units have been accused of infringement in the 1st trial.
Apple will, without a doubt, attractiveness Judge Koh's findings in regard to injunctive reduction, which can be reviewed de novo (from a clean begin ) if the appeals courtroom deems such a critique is essential.
You can come across the ruling concerning the injunctive aid at CNET.
by means of FOSS Patents, CNET
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