Apple vs Samsung judge wants no more delays, retrial moving full steam ahead

Courtroom gavel
The gavel swings in November

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.

Foss Patents today reported that Judge Lucy Koh is ready to wrap up a pair of Apple vs 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 California.

Apple's legal team was quoted as saying "[t]his case is within striking distance of a true final judgment," and it appears that 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 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.

Koh's case management order sets a jury trial for Nov. 12, with a pre-trial conference to be held Oct. 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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