Ina Fried

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Samsung Seeks to Have Current Apple Case Put on Hold Following Patent Office Action

Even as the jury weighs the amount of damages to award, Samsung filed an emergency motion on Tuesday seeking to put its current case with Apple on hold following action by the U.S. Patent Office to move toward invalidating one of the patents at issue.

Samsung Apple Men In Black Suits II

Samsung said in a motion on Wednesday that Judge Lucy Koh should put the case on hold following the latest ruling from a patent office examiner who is re-evaluating Apple’s ’915 patent — a key patent in the case. As it did in July, the patent office said it is leaning toward invalidating the patent, though Apple will have additional chances to fight the decision.

Koh had previously rejected Samsung’s effort to put the case on hold pending a final determination from the U.S. Patent and Trademark Office. The current six-woman, two-man jury is tasked with recalculating appropriate damages for a portion of last year’s $1 billion verdict. Apple is seeking $379 million, while Samsung argues $52 million in appropriate.

Some $600 million of the jury’s verdict — as well as their findings of which Samsung products infringe which Apple patents — remains intact, though both Apple and Samsung will appeal various parts of the case.

An Apple representative declined comment on Samsung’s motion.

Apple versus Samsung Full Coverage

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