Apple’s second suit of Samsung to move forward

KWIKA partner Jonathan Steinsapir was quoted in the Daily Journal in Rachel Swan’s column on the continuing battle between technology giants Apple and Samsung.  Apple is again suing the South Korean electronics company for patent violations, much like the previous suit in which Apple prevailed.  That first case is now on appeal.

The judge in the second suit, Hon. Lucy H. Koh of San Jose, had briefly entertained the idea of staying the new case until settlement of the first, on the ground that whatever settlement resulted from the original dispute would affect the current one.  But Apple’s lawyers objected, saying there was no need for a stay since the two cases involve none of the same patents, and that delaying the current case would unfairly allow Samsung to continue gaining market share with its ongoing infringement of the Apple patents.  Samsung, not surprisingly, was perfectly happy to put the proceedings on hold.

In a recent order, however, Judge Koh nixed her stay idea and instead asked the parties to narrow their claims and limit testifying experts.  Jonathan said that decision didn’t surprise him.  “The legal questions that are on appeal [in the other case] are not going to be determinative in this case.”  He added that patent litigation typically only stalls if a defendant or outside party submits one of the disputed patents for a re-examination.  That has not happened in this case.

The matter is set for trial next year.