Samsung, Apple to begin new battle

By Kim Yoo-chul

Samsung Electronics and Apple will begin a new round in their legal battle in the United States on Jan. 8 with a motion hearing on patent disputes regarding their top-selling products.

The latest trial is different from the previous one presided over by U.S. Federal Judge Lucy Koh. The first round focused on design-related essentials and standard essential patents (SEPs), while a second round will review commercial patents.

This case is going to court after Apple previously sued Samsung over the Galaxy Nexus, ― made in partnership with Google ― Galaxy S III and Galaxy Note II. In a countermeasure, Samsung said the iPhone 5 infringed on its advanced wireless patents.

``Samsung and Apple’s legal representatives will meet again in the San Jose court from 10 a.m. on Jan. 8. The motion hearing to be presided by Magistrate Judge Paul S. Grewal will discuss pending issues and the main claims by the companies,’’ said a senior Samsung official directly involved with the matter by telephone, Wednesday.

Grewal will review documents that have already been submitted by Samsung and Apple and listen to arguments from each party, the official added.

After the hearing, the court will start selecting jury members for a trial slated for March, according to the official.

It was previously ruled that Apple didn’t establish a case for a permanent injunction on the Samsung devices in question. The San Jose court said that the U.S. firm needs to prove that the infringing features were directly driving ``consumer demand for the accused products’’ in order to obtain the ban, though the court believes the bar was set too high.

The court also denied Samsung’s request for a new trial based on jury foreman Velvin Hogan’s alleged misconduct. Apple’s request for an additional half-billion dollars in damages for Samsung’s infringement on its design patents will be ruled on in the latest round.

The fresh legal battle is has more significance for both firms as they are seeking a complete sales ban on each other’s top-selling products including the iPhone 5 and Galaxy Note II.

Patent experts say the impact of this new fight will be huge.

``Because the new round will mostly deal with commercial patents, Samsung is better positioned to handle it. The key point is Samsung has a much longer history than Apple in handset manufacturing. We have more leverage than Apple in commercial patents,’’ said another Samsung executive by telephone requesting anonymity.

``This year will be crucial for Samsung as we have an appetite to reset what we call a smartphone axis by widening the market gap against Apple by releasing more smartphone variants,’’ said an executive from Samsung’s telecommunications division.

In the meantime, the United States International Trade Commission (USITC) has given notice of a scheduling decision concerning the investigation of Samsung’s complaint against Apple of Feb. 6, said Florian Mueller, a German-based patent expert who is the founder of FossPatents blog.

Apple believed Samsung abused its power for essential patents, while the USITC said the Korean firm didn’t.