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-   -   Apple files objection to delaying second US case v. Samsung (http://forums.macnn.com/113/tech-news/498711/apple-files-objection-delaying-second-us/)

 
NewsPoster Mar 8, 2013 10:23 AM
Apple files objection to delaying second US case v. Samsung
Apple on Thursday filed an objection to putting its second US lawsuit against Samsung on hold while the <a href="http://macnn.com/rd/280654==http://www.electronista.com/articles/12/08/24/willful.infringement.finding.could.triple.damages/" rel='nofollow'>verdict in the first</a> is reviewed, <em>Bloomberg</em> reports. In February US District Judge Lucy Koh said she was dubious about whether it was important for both cases to proceed, especially since the first's outcome is being appealed. "This case must proceed now, in order to stop the ongoing sales -- and relentless launch -- of Samsung's latest infringing devices, which have caused, and every day continue to cause, continuing harm to Apple," the Thursday filing reads.<br />
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Included in the same document, actually part of a joint report, is a statement from Samsung <a href="http://macnn.com/rd/280590==http://www.bloomberg.com/news/2013-03-08/apple-objects-to-second-samsung-patent-lawsuit-being-paused-1-.html?cmpid=yhoo" rel='nofollow'>saying</a> that it supports the delay for the sake of promoting "judicial economy." The company adds that a stay will "allow the parties to attempt to reach a business resolution of their disputes." Apple and Samsung have participated in numerous settlement talks in the past, but repeatedly failed to come to an agreement.

On March 1st, Koh <a href="http://macnn.com/rd/280591==http://www.electronista.com/articles/13/03/01/567.million.in.damages.stand.damages.will.need.to. be.repeated/" rel='nofollow'>set aside almost $451 million of the $1.05 billion in damages awarded to Apple in the first lawsuit</a> until a retrial on damages could occur. The judge argued that the jury based its award on bad legal theory, and suggested that Apple and Samsung consider appealing her decision before a damages trial starts.
 
bobolicious Mar 8, 2013 10:46 AM
I simply don't understand...
Should Samesong be fined out of existence for outright, blatant design theft ? I might agree with the thermonuclear concept especially in punitive damages from trusted business 'partners' who then turn on the hand that feeds... Where is the boundary between competition and theft?

Other competitors have proven it is possible to have products that are substantially differentiated eg: surface - competes and offers consumers both alternative invention and choice... Allowing copycatting may only serve as a disincentive to innovate - is this something the US can afford at the moment...?
 
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