Apple and Samsung have submitted a joint case management document to the Northern District of California court for the second omnibus smartphone patent trial, scheduled for 2014
. Besides making clear that there has been no progress towards a settlement since December, the parties have narrowed the scope of the trial to 16 patents, with further winnowing expected at some point before the trial.
Apple suggested in the filing that each side be limited to five patents, with 12 claims maximum. Samsung on the defensive wants five asserted claims, but wants eight invalidity theories to be allowed per patent, three more than Apple wants.
As expected, both parties disagree with the number of accused products. The disagreement is so vast -- and the number of devices offered by each company so dissimilar -- a judge will have to provide and enforce guidance as to how much narrowing, when the narrowing will happen, and how many devices are at stake. Apple appears to be aiming at specific Samsung builds of Android, and wishes to encompass the devices in the trial based on the version of the OS installed.
Patent analyst Florian Mueller
, writing about the "joint" filing said "there will be a fight over each and every claim, and each and every product, but the post-trial mess in the first Apple v. Samsung case before the same judge (District Judge Lucy Koh) is a lot worse than the pre-trial issues in the second one."