Ina Fried

Recent Posts by Ina Fried

Next Stop for Apple-Samsung: Appeals Court

Even before the first arguments were made in the Apple-Samsung trial, it was clear that this jury would not have the final say in the case.

And, now that the verdict is in, the inevitable appeals process will begin.

First, though, Samsung will ask Judge Lucy Koh to throw out the verdict as matter of law and Apple will seek an injunction and the increasing of the award based on willfulness. Koh has said she will hear those motions at a future date.

Samsung is clearly going to be most eager to appeal, with the jury having found it infringing on multiple Apple patents and awarding more than $1 billion in damages. Apple, too, could appeal on some of the issues on which it lost.

Throughout the trial, both sides made statements and objections that were geared more toward an inevitable appeals court review than to either Koh or the seven men and two women on the jury.

There were debates on which witnesses should be allowed to testify and on what evidence should be admitted. Lawyers stridently made their case and hoped for a favorable ruling. But each time they lost, they marked down yet another possible grounds for appeal.

Koh even made reference to this on more than one occasion, noting to the losing side that they had now “made their record” for appeal.

Samsung, as it made clear in its statement, expects further legal debate on the matter as well.

“This is not the final word in this case or in battles being waged in courts and tribunals around the world, some of which have already rejected many of Apple’s claims,” Samsung said.


Apple versus Samsung Full Coverage

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