Apple opposes Samsung's motion for a new rubber-banding patent trial (or related appeal)

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Source: www.fosspatents.com --- Tuesday, July 23, 2013
Two weeks ago Samsung filed a motion for a new trial concerning its liability for infringement of the '381 rubber-banding patent or, in the alternative, a partial final judgment with respect to that patent in order to appeal the decision right away to the Federal Circuit. Either way, the limited damages retrial scheduled for November would have to be postponed, which is what Samsung is also pursuing through another motion it brought earlier this month , alleging a failure by Apple to comply with court orders, which Apple calls an attempt to "delay and derail" the limited damages retrial. Yesterday Apple responded to Samsung's motion relating to the rubber-banding patent, which Samsung argued was narrowed in scope due to Apple's statements during the reexamination process, suggesting a different outcome of the infringement analysis. Here's the public redacted version of Apple's opposition brief (this post continues below the document): 13-07-22 Apple's Opposition to New Rubber-banding Patent Trial in Samsung Case I have also uploaded to Scribd the declaration attached to Apple's brief . Apple has multiple attack vectors in place against Samsung's motion. Some are procedural (among other things, Apple argues that Samsung's motion is "time barred") while others are substantive: According to Apple, Samsung's motion can be denied simply on the basis that "[t]he evidence to which Samsung points--Apple's statements during reexamination ...

Source: http://www.fosspatents.com/2013/07/two-weeks-ago-samsung-filed-motion-for.html

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