As a retrial over damages inches closer, presiding judge Lucy Koh denies Samsung’s request to delay proceedings in favor of a new trial over the “bounce-back” patent.
A federal judge in California has denied Samsung a new trial over the “bounce-back” patent which played a key part of the Apple v. Samsung trial of 2012.
During the trial, Apple alleged 20 of Samsung’s smartphones and two of its tablets had infringed upon the patent — which covers the effect that occurs when a user reaches the bottom of a page. At the end of the trial, the jury found 18 of Samsung’s products infringed upon the patent.
In April, the United States Patent and Trademark Office ruled that the patent in question was invalid based on its current wording. This will significantly impact any retrial on damages that occurs, as this patent was at the center of Apple’s claims last summer. To work around this, Apple has modified the scope of the patent claim. According to FOSS Patents, Samsung believes that if the trial last year had included this revised patent it would have resulted in a “finding of non-infringement by the court or the jury.”
The retrial is scheduled to begin on November 12. A pre-trial conference will occur nearly a month earlier, on October 17. A week prior, on October 10, Samsung’s counsel is scheduled to deliver an argument challenging the credibility of Apple’s expert witness.