FORTUNE -- On Tuesday, Samsung's lawyers interrupted Apple v. Samsung -- the patent retrial of the century -- to demand a mistrial.
Apple's (AAPL) chief counsel had played the race card, they claimed, when he compared what Samsung was doing to Apple in smartphones to what foreign manufacturers (i.e. Asians) had done to American-made televisions.
On Wednesday, as the jury entered its second day of deliberations, Samsung tried again. The U.S. Patent Office had that very day rejected as insufficient Apple's response to its earlier rejection of one of the patents at issue in the case, so Samsung filed an emergency motion asking the judge to stop the trial.
"This [Patent Office] decision," Samsung claimed in a brief, "calls into question the entire jury verdict in this trial."
Samsung's strategy to delay entry of final judgment in this case has crossed the bounds of reason: Samsung seeks to halt the damages retrial in the midst of jury deliberations. Granting Samsung's request would render the Court's and Apple's efforts to prepare for and conduct the damages retrial all for naught and be extraordinarily prejudicial to Apple. And there is nothing even resembling good cause for derailing either the jury's deliberations or post-trial motions.
Judge Lucy Koh rejected the race card motion, and I expect she'll reject this one too.
Meanwhile, the jury is entering its third day of deliberations. So far they have: 1) asked for calculators and 2) complained about the sourdough bread in their court-supplied sandwiches.
LINKS TO MOTIONS (courtesy of FOSS Patents):
A hearing on the leak of confidential Apple documents is scheduled for Oct. 22.
FORTUNE -- In advance of last year's big patent infringement trial that resulted in a billion dollar judgement against Samsung -- not a penny of which has yet been paid -- Samsung's attorneys demanded that Apple (AAPL) turn over the contents of its patent licensing agreements with Nokia (NOK) and three other manufacturers, Ericsson, Sharp, and Philips.
Apple MOREPhilip Elmer-DeWitt - Oct 3, 2013 8:49 AM ET
The U.S. International Trade Commission gets slapped down twice in one week.
FORTUNE -- In late 1940s, an inventor named William Graham solved the age-old problem of how to protect a plow cutting through rocky soil by adding shock absorbers to the plow's shanks. He applied for a patent, and it was granted in 1950. When John Deere (DE) incorporated the technology into its plows, Graham sued.
The case went all the MOREPhilip Elmer-DeWitt - Aug 8, 2013 9:28 AM ET
There are parallels between today's trolls and the so-called sharks of the 19th century.
FORTUNE -- Complaints about patent trolls have reached such a level that the White House is now pushing for reform. Some people might believe the problem to be relatively new. And it is, in a way. But there were patent trolls in the 19th century, and they behaved in much the same way as modern ones, causing MOREDan Mitchell, contributor - Jun 7, 2013 7:35 AM ET
It came the same day the White House proposed reforming the very agency that issued it.
FORTUNE -- The ironies underlying the U.S. International Trade Commission's order Tuesday banning the import from China of certain older iPhones and iPads are stacked up like planes circling Dulles International waiting for a chance to land.
But before we list them, we need to make an important distinction between two kinds of patents:
Standards-essential patents (SEPs), MOREPhilip Elmer-DeWitt - Jun 5, 2013 9:53 AM ET
Apple to Google: If you've got something to say about Samsung, join the damned suit.
FORTUNE -- Following its $1.05 billion patent infringement victory last summer, Apple (AAPL) appealed the district court judge's decision not to ban the sale of the Samsung devices that the jury determined had infringed multiple Apple patents.
Google (GOOG) and several other companies now want to file an amicus curiae ("friend of the court") brief to the MOREPhilip Elmer-DeWitt - May 8, 2013 9:10 AM ET
April was the cruelest month yet for Google and Motorola on the patent front.
FORTUNE -- It was Google (GOOG) against the world last month, as it fought and lost patent battles directly or by proxy with Apple (AAPL), Microsoft (MSFT), Nokia (NOK), HTC and ZTE. "Google shoot blanks in smartphone patent wars," wrote Thomson Reuters' Reynolds Holding. Or as The Verge's Nilay Patel put it: "Does anyone know why Google bought Motorola?"
FOSS MOREPhilip Elmer-DeWitt - May 3, 2013 8:27 AM ET
Is this the future of interactive advertising? Hopefully not.
FORTUNE -- Maybe patent illustrations shouldn't be fair game. After all they are intentionally crude, existing to be simultaneously vague and specific, laying claim to an innovation or idea without giving too much away. And yet, Sony (SNE) patent 8246454 B2 is irresistible. Filed in 2009 and published last summer, the patent describes "methods, systems, and computer programs for converting television commercials MOREMatt Vella - Apr 30, 2013 1:32 PM ET
Conspiracy theories grow after charges it funded agent provocateurs in three countries.
FORTUNE -- There's a somewhat paranoid theory being circulated among Apple (AAPL) investors in the wake of the company's seven-month, $296-billion loss in market value.
It goes something like this:
Revealed as a patent copycat last summer by a California jury's $1.05 billion verdict -- a PR disaster of the first order that shook top management and tarnished the image of MOREPhilip Elmer-DeWitt - Apr 20, 2013 12:00 PM ET
The company that makes Japan's legendary Shinkansen bullet trains certainly regrets working in China.
By Michael Fitzpatrick
FORTUNE -- One China defender recently claimed his countryman's "bandit innovators" could be good for the world. That was small consolation for the Japanese, who say that China pirated their world-famous bullet train technology.
"Don't worry too much about Chinese companies imitating you, they are creating value for you down the road," said Li Daokui, MOREApr 15, 2013 5:00 AM ET
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