Friday, April 19, 2013

Blog 24: Samsung Asks for Delay in Ericsson Case

Samsung recently asked the ITC for a two month expansion of the discovery phase in an investigation with Ericsoon, citing Ericsson's lack of interest in narrowing the scope of the investigation as a primary reason for gaining the additional 60 days of discovery. Ericsson appears to have only nominally decreased the total scope of the investigation from 11 patents, 134 claims, and 190 infringing Samsung products to 10 patents, 123 claims, and 190 Samsung infringing products.

Given that 7/10 of Ericsson's patents are fair, reasonable, and nondiscriminatory (FRAND) pledged standard essential patents is a major factor in the complexity of the investigation. Over 40 U.S. companies have been subpoeaned and many major third parties have also been subpoened in the investigation (ASUSTek, Hon Hai, HTC, Nokia, Sharp...). If Samsung's request for expanded discovery is successful, then the trial will also be delayed for two months, and Samsung will also have more time to prepare its retaliatory compliant.



http://www.fosspatents.com/2013/04/samsung-asks-itc-for-two-month-delay-of.html
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4 comments:

  1. Aaron SaucedaApril 19, 2013 at 9:04 PM

    First Google looking vulnerable and now maybe Samsung too? Wow!

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  2. UnknownApril 21, 2013 at 10:55 PM

    Once again, we see the value of time, and clearly, Samsung can profit while the delay is occurring.

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  3. UnknownApril 22, 2013 at 5:23 PM

    I find it interesting that Ericson chose not to narrow the scope of the investigation; it obviously suits them more to allow the sixty day extension on the discovery period. At least the extra sixty days applies to Ericson too, and that was probably they decided to take this route.

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  4. UnknownApril 24, 2013 at 11:45 PM

    interesting, apparently many companies are using this strategy to buy extra time for preparation. is it what happened to samsung vs apple? both refusing to narrow their claims so that they could both use some extra time?

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