Apple Claims Court Schedule for Samsung Ban Is Unfair

Apple Claims Schedule for Samsung Ban Creates ‘Imbalance’
An Apple Inc. iPhone 4S smartphone is arranged for a photograph next to the company's logo in Seoul, South Korea. Photographer: SeongJoon Cho/Bloomberg

Apple Inc., after winning a $1.05 billion jury verdict against Samsung Electronics Co., told a judge that Samsung’s request to lift a ban on U.S. sales of its Galaxy 10.1 Tab computer shouldn’t be considered before Apple’s request to bar some products permanently.

U.S. District Judge Lucy Koh in San Jose, California, ruled Aug. 29 that Apple’s request for a permanent ban on U.S. sales of eight Samsung mobile devices will be considered at a Dec. 6 hearing. The judge scheduled a hearing on Samsung’s request to lift a preliminary sales ban on the Galaxy Tab 10.1 Tab computer for Sept. 20 if she deems it necessary.

Apple said yesterday in a filing yesterday the schedule creates a “severe imbalance” because Samsung’s request will be addressed before Apple’s. It asked Koh to reconsider the schedule by setting the two companies’ requests on parallel, simultaneous tracks.

“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,” Apple said.

Apple is seeking a U.S. sales ban on the eight smartphone models and a tablet computer after a jury found Aug. 24 that Samsung infringed six of seven patents at stake in the trial. Seven of the eight smartphones that Apple seeks to ban are part of Samsung’s Galaxy line.

Galaxy Tab

Apple, based in Cupertino, California, won a ban on U.S. sales of the Galaxy Tab 10.1 in June that the Suwon, South Korea-based company said wouldn’t significantly affect its business. Apple, seeking to make that prohibition permanent, said in an Aug. 27 court filing that Koh should also bar U.S. sales of a version of the tablet that runs on mobile networks, even though that product wasn’t covered by the Aug. 24 verdict.

Samsung sought to have the ban on the Tab 10.1 lifted on Aug. 26 after the jury found the device didn’t infringe the Apple design patent on which the June 26 court-ordered sales ban was based. The jury instead found that the Galaxy Tab 10.1 infringed three of Apple’s software patents.

Samsung said in a court filing today that Apple offers “no legitimate grounds” to delay consideration of Samsung’s motion. The change Apple seeks requires “new material facts or a change of law” since Koh’s order, which has not occurred, Samsung said in the filing.

Schedule Change

“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 argued in the filing.

Samsung asked Koh on Aug. 27 to delay enforcement of the verdict until the issues of the sales bans are resolved and the company appeals. Samsung isn’t required to file a notice of appeal until 14 days after the post-trial issues, including the sales bans, are resolved.

Adam Yates, a spokesman for Samsung, didn’t immediately respond to an e-mail seeking comment on Apple’s request yesterday.

The case is Apple Inc. v. Samsung Electronics Co. Ltd., 11-cv-01846, U.S. District Court, Northern District of California (San Jose).

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