Koh denies Apple’s appeal to further penalize Samsung

Saturday, February 16th, 2013 7:51:56 by

U.S. Judge Lucy Koh has asked Apple and Samsung Electronics to consider whether the application filed by Apple over a patent related to search technology for several months, for an appeal
to the court settlement of a lawsuit between the two companies separately.

Apple won a lawsuit for $ 1,050 million (784 million Euros) last year against Samsung in a California court, but the judge in the San Jose (California), Lucy Koh rejected Apple’s request for a permanent ban against
the sale of several Samsung phones. Apple has appealed the decision, which is not expected until next September at the earliest.

Apple has also accused Samsung in a second lawsuit of violating a separate batch of patents, including search rights that are part of the voice recognition system Siri Apple. The trial of this case is scheduled
for March 2014.

At a hearing Thursday in San Jose, Koh has asked lawyers for both companies to consider a possible resolution of the war between Apple and Samsung. Koh asked if the second case should be suspended until the appeals
court fails in the first.

As this is the sum total of Apple’s arguments and evidence that Samsung’s infringement was wilful, the Court cannot conclude that Apple has met its burden to show wilfulness by clear and convincing evidence.” Koh was
quoted as saying.

Apple’s lawyer William Lee said that cases should be parallel, since they involve different patents. However, Victoria Maroulis Samsung lawyer said there was "overlap" between the two procedures substantially. Koh
ordered attorneys for both sides to discuss the idea and report their positions on 7 March.

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