updated 06:20 pm EDT, Tue July 5, 2011
Apple warned attemped Samsung ban may be too quick
Judge Lucy Koh told Apple in a weekend hearing that its request for a preliminary ban on Samsung devices might be too quick. The iPhone maker had suggested a hearing on the afternoon of August 5 but was told that the timing might not give either side enough time for discovery to prove or disprove the need for a ban. Both have until July 8 to provide a joint statement either agreeing on a schedule or explaining their views if they disagree.
The two sides aren't expected to agree. Apple will want a hearing as soon as possible since it increases the likelihood of a ban and could push Samsung to settle. Samsung would likely want to delay the hearing to get more time to prepare a defense and defer the case itself.
Apple's quickness in setting a hearing date may reveal beliefs that its case is good enough to call on a ban.
Both sides have been taking steps to push for a quicker conclusion to the case, many of which came from Samsung in the past week. Samsung has at once sued Apple again and filed an ITC complaint to get a patent ruling sooner, even as it backed out of one lawsuit to reduce the amount of work. Apple's request for an injunction to ban Samsung Android hardware until a resolution could negate much of Samsung's work. [via Florian Mueller]