Apple loses bid to include Galaxy S4 in Samsung suit

Apple loses bid to include Galaxy S4 in Samsung suit

Judge Paul S. Grewal says that adding the Galaxy S4 to the lawsuit would put Samsung under “undue prejudice.”

U.S. Magistrate Judge Paul S. Grewal turned down Apple’s recent
request to include the Galaxy S4 in its ongoing lawsuit against Samsung.
In a ruling dated June 26, Judge Grewal wrote that Apple’s argument for including the
Galaxy S4
in its lawsuit against Samsung was not persuasive enough, and provides
Samsung with “undue prejudice” as it looks to defend itself against
Apple’s jabs.
Here’s what Judge Grewal had to say:

Throughout the hearing, Apple warned that excluding
the Galaxy S4 would result in yet another case with more claims of
infringement and would require Apple to continue to play, in counsel’s
words, ‘whack-a-mole’ with Samsung. Apple presented the exact same
argument to Judge Koh during an April 23, 2013 hearing during which she
required them to set a schedule to drop products and patents. Judge Koh
was not persuaded by this argument and neither is the undersigned.

Apple
already needs to dismiss without prejudice several products from this
case and so a new trial would be likely regardless. Given the likely
undue prejudice to Samsung and Judge Koh’s directives regarding the
management and progression of this case, the court DENIES Apple’s
request to add the Galaxy S4 to its contentions.
Apple last month asked U.S. District Court Judge Lucy Koh
to add the Galaxy S4 to its Samsung lawsuit, citing patent
infringement. To adhere to Judge Koh’s request that the companies reduce
the number of infringing devices, Apple offered to remove another
device from its lawsuit to keep the same number of products.
As Judge Grewal notes, however, that’s not enough for the judges. In
addition, Judge Grewal argues that because the Galaxy S4 is relatively
new to the market, Samsung shouldn’t be expected to deliver all of the
required information in time for upcoming hearings.
The companies are waging an ongoing court battle over alleged patent
infringement on both sides. Last year, a jury awarded Apple $1.05
billion in damages from Samsung, but Judge Koh lowered that to $639.4
million. She also ordered a new trial in November to determine if
certain products included in that judgement should have been cited as
infringing.
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