Judge’s Hearing Schedule Offends Apple’s Sense of Symmetry

Published on August 31, 2012
by John Paczkowski

Judge Lucy Koh’s decision to schedule a hearing on Apple’s request for an injunction against at least eight Samsung devices on Dec. 6, weeks after another hearing concerning Samsung’s request to lift a ban on U.S. sales of its Galaxy 10.1 Tab tablet, isn’t sitting well with Apple.

In a Thursday legal filing, Apple argued that the hearing schedule as it stands now is “asymmetrical” and creates a “severe imbalance” by addressing Samsung’s request to toss the Galaxy 10.1 Tab ban before Apple’s request for a new injunction is heard.

“If Apple’s request for injunctive relief is not heard until December 6 … Samsung’s request to dissolve the injunction should also be heard on December 6 in view of the overlap with the same motions,” Apple argued in its filing. “Apple’s request for injunctive relief is, if anything, more urgent than Samsung’s attempt to dissolve the injunction, and should not be resolved on a slower schedule than Samsung’s motion.”

Samsung, in a dueling filing of its own, disputed Apple’s claim, arguing Apple has no legitimate grounds to push for a new schedule.

“Apple seeks to disrupt the court’s carefully crafted orders for post-trial motions by delaying consideration of Samsung’s motion to dissolve the Galaxy Tab 10.1 preliminary injunction and placing it on the same schedule as Apple’s motion for a permanent injunction,” Samsung said in the filing. “Apple offers no legitimate grounds to delay consideration and resolution of Samsung’s dissolution motion. There is no ‘asymmetry’ that the Court needs to correct.”

And on it goes. At this point, I think we could all use some injunctive relief.

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