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Apple, samsung pare down claims in u.s. smartphone, tablet patentcase - toshiba laptop motherboards by drtyhjk dfcvb





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Apple, samsung pare down claims in u.s. smartphone, tablet patentcase - toshiba laptop motherboards by
Article Posted: 01/23/2013
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Apple, samsung pare down claims in u.s. smartphone, tablet patentcase - toshiba laptop motherboards


 
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Responding to a U.S. district court judge's order, Apple andSamsung Electronics have trimmed the number of claims they willassert in a broad intellectual-property lawsuit regardingsmartphone and tablet products. Judge Lucy Koh of the U.S. District Court for the Northern Districtof California on May 2 asked Apple and Samsung to boil down the case , which involves patent infringement and other claims, so a jurycan comprehend the issues in a streamlined trial scheduled to beginJuly 30. Koh wants to give each side 25 hours to present its case.

In a filing late Monday, Apple stressed that a lot is at stake."While the parties have been readying the case for trial Samsunghas vaulted into first place in worldwide sales of smartphones,with massive sales of its copycat products," Apple said. However,in order to keep the current trial timetable, Apple said it wouldbe willing to trim the number of claims it will assert. "To preserve the July 30 trial date, Apple is willing to narrow thecase on its patents for jury trial to four utility patent claimsand a small set of design-related claims," Apple said. The four remaining utility patents relate to Apple's multitouchfunctions. "Three of them relate to simple gestures that jurorswill readily understand from seeing an iPhone in operation, and thefourth reads only on Samsung's two tablet products," Apple said.

The design claims cover multiple patents relating to, among otherthings, iPhone body style and icon layout design patents.Altogether, Apple is still claiming that a broad array of Samsungproducts violates these utility and design patents. Apple said it is willing to drop, for the purposes of the Julytrial, claims including three utility patents, two design patentclaims, all infringement claims based on the iPhone "trade dress"(visual characteristics of product packaging) and six trademarkclaims. In response to an earlier order by Koh, Apple had alreadydropped a variety of utility patent, design patent, iPhone tradedress and trademark claims. However, Apple said it wants to reserve the right to ask for eithera bench trial -- a case decided by a judge, with no jury -- or aseparate lawsuit on at least some of the claims it is willing todrop for the current trial. In its filing, Samsung said Apple has done little to streamline thecase.

"Apple's 'narrowed' design patent case has dropped only two of itsseven design patents and done so in a manner that does little ornothing to streamline the case for trial," Samsung said. Samsung noted, for example, that "Apple still asserts that variouscombinations of at least fourteen Samsung products infringe fivedesign patents." Responding to the judge's order to trim the case, Samsung droppedtwo patents from the lawsuit, reducing the total number of claimsbased on those patents. However, it still wants to proceed to trialon 15 claims from seven patents. "With these reductions, Samsung has narrowed its case from twelvepatents to seven, dropping 42% of its affirmative counterclaims.From a total of 75 claims identified by Samsung's experts asinfringed by Apple's products, Samsung will drop 60 and onlyproceed on 15 -- a reduction in total claims of 80%," Samsung said. Apple and Samsung also filed a number of motions Monday in whichthey skirmished over, among other issues, whether the judge shouldgive Samsung more time to respond to Apple's request that the judgegive adverse inference jury instructions.

The instructions would relate to Samsung's alleged destruction ofevidence in the case, and would tell the jury to infer that anyevidence that was destroyed would have supported Apple's claims. Samsung has already been sanctioned by the judge for delays inproducing documents requested by Apple. Apple sued Samsung in April last year for violations of a range ofApple patents and trademarks in Samsung Android smartphones andtablets. Samsung countersued on patent claims. In February thisyear, Apple filed another, separate suit against Samsung, this timeon products released after the first suit was filed.

The companiesare engaged in about 50 different lawsuits in multiple countries.

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