Despite Samsung's recent attempts to delay a November retrial to resolve two lawsuits with Apple, the Federal judge overseeing those cases says enough is enough, the show must go on as scheduled.
Foss Patents today reported that Judge Lucy Koh is ready to wrap up a pair of Apple v. Samsung lawsuits once and for all, clearing the way for a limited damages retrial scheduled for November.
A case management order filed Thursday evening effectively denies two Samsung motions which would have held up the resolution of its most high-profile legal scuffles with Apple in the Northern District of California.
Apple's legal team has been quoted as saying "[t]his case is within striking distance of a true final judgment," and it appears that Judge Koh agrees with that sentiment.
Monkey wrenches
According to the report, a pair of Samsung motions filed in July were little more than a method of throwing "a monkey wrench or two into the works of Apple's pursuit of actual, enforceable remedies for infringement."
The first motion attempted to convince Judge Koh that Apple violated court orders by seeking "vastly greater damages" for the 13 infringing products that are the focus of the November retrial.
Samsung also filed a motion seeking a new trial to determine its liability over U.S. Patent No. 7,469,381 - better known as the "rubber-banding" patent, and one that has racked up a number of Apple victories all around the globe.
Judge Koh's case management order sets a jury trial for November 12, with a pretrial conference to be held October 17; Samsung will also get one last shot to derail the retrial during a motion hearing to be held in early October.
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Source : http://www.techradar.com/news/phone-and-communications/mobile-phones/apple-v-samsung-judge-says-no-more-delays-let-s-get-this-over-with-1175423
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