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Apple made to wait until October for decision on Samsung ban

updated 11:40 am EDT, Tue July 19, 2011

Apple denied early Samsung injunction ruling

Judge Lucy Koh handed Apple a setback Tuesday by denying it an attempt at an early decision on a Samsung product ban. She largely sided with Samsung's view that Apple's schedule, which would have had a hearing as early as September 8, was too quick. Judge Koh instead sided more closely with Samsung and planned for a decision on October 13, one day earlier than Samsung had proposed.

Apple's request for a preliminary injunction to block Samsung's products presented a "complex" case that required giving both sides a chance to fully address the situation, the judge said.

Some concessions did exist for Apple on the earliest phases. Samsung had to conduct its discovery of evidence versus Apple on August 8, just three days later than what Apple had offered, and had to give its opposing brief two weeks later. Apple wouldn't conduct its own discovery until September 21 and wouldn't give its reply until nearly a month after it had originally wanted.

The timing gives Samsung more of a chance to mount a defense but still isn't ideal. Along with not having any next-generation iPhones or iPads to examine, Samsung still faces the risk of a product ban at the peak of the holiday season.

Samsung accordingly was also fighting an expedited main trial. Apple wanted a trial to start February 1 of next year, but Samsung claimed that Apple had an unfair advantage of a Northern California court, which would allegedly be more sympathetic to Apple. Cupertino-based Apple was also trying to speed up a trial in a district known for having strict rules that tend to extend the court process.

Apple is supposedly concerned that Samsung's ITC complaint might move faster and was hoping to force its rival's hand earlier. Apple was facing "buyer's remorse" for choosing a court that wasn't as fast as it liked, Samsung said.

The company also made the contentious claim that Apple was simply upset it was losing to a superior product despite evidence of similar hardware and software design.

Apple has a chance to contest Samsung on the sped-up trial schedule on August 24. [via Florian Mueller]

By Electronista Staff


  1. bonaccij

    Fresh-Faced Recruit

    Joined: Jun 2003


    Superior Product...

    Lord, wake me from this nightmare... Really? Superior product? Did they actually use those words?????

  1. elroth

    Junior Member

    Joined: Jul 2006


    @Superior Product...

    It must be a bad translation from the original Korean.

  1. ricardogf

    Fresh-Faced Recruit

    Joined: Jan 2003


    Lucy Koh

    Well, her name sounds Asian anyway...not surprising at all that she is siding with Samsung.

  1. Feathers

    Grizzled Veteran

    Joined: Oct 1999



    "Lucy, you got some splainin to do!"

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