Apple v. Samsung “Apple-Samsung II”


  • Case Number: 5:12-cv-00630

Next Event:            Claims construction hearing and tutorial are scheduled for February 14th 2013, and jury trial is scheduled to begin at the end of March, 2014.  Jury selection is scheduled for March 31, 2013.

Summary:            This is the second patent infringement case between Apple and Samsung before Judge Koh in the Northern District of California.  Apple initiated litigation by asserting eight utility patents, and Samsung counterclaimed by asserting eight utility patents.  The question of FRAND is paramount with respect to the Samsung patents.

Timeline of Important Events:

  • February 8, 2012 – Apple files Complaint against Samsung (Filing #1).  Apple seeks damages and equitable relief, including permanent injunction.
  • April 18, 2012 – Samsung files Answer and Counterclaim against Apple (Filing #107).  Samsung asserted several affirmative defenses, including non-infringement and invalidity of Apple’s patents.  Samsung also alleges Apple infringes on eight Samsung patents, including several self-asserted standard essential patents, and seeks injunction and damages, including treble damages for willful infringement under 35 U.S.C. § 284.
  • April 23, 2012 – Samsung files opposition to Apple’s Motion for Preliminary Injunction (Filing #115) contending that Apple has failed to show likelihood of success or irreparable harm.
  • May 31, 2012 – Apple files Answer to Samsung’s Counterclaim, and includes as an affirmative defense an irrevocable right to a license on FRAND terms (Filing #194).  Apple also asserts that Samsung violated Section 2 of the Sherman Act and the California Unfair Competition Law.
  • June 29, 2012 – Court issues order granting Apple’s motion for preliminary injunction, enjoining Samsung from producing the Galaxy Nexus (Filing # 222).  The court determined that Apple is likely to succeed in demonstrating that Samsung infringes upon patent 8,086,604 (Universal interface for retrieval of information in a computer system).  On July 3, 2012 the court denied Samsung’s Motion to Stay and Suspend the Preliminary Injunction.
  • July 6, 2012 – Samsung appealed the injunction to the Court of Appeals for the Federal Circuit, which ordered a temporary stay of the injunction, pending Samsung’s appeal.  Oral argument for this appeal was held on August 20, 2012.  CAFC Docket 2012-1507.
  • August 31, 2012 – Apple files Amended Complaint for patent infringement on eight utility patents (Filing #261).  Apple identifies the following Samsung products as infringing upon Apple patents:  Galaxy S III, Galaxy S III – Verizon, Galaxy Note, Galaxy S II Skyrocket, Galaxy S II Epic 4G, Touch, Galaxy S II, Galaxy S II – T-Mobile, Galaxy S II – AT&T, Galaxy Nexus, Illusion, Captivate Glide, Exhibit II 4G, Stratosphere, Transform Ultra, Admire, Conquer 4G, and Dart smartphones, the Galaxy Player 4.0 and Galaxy Player 5.0 media players, and the Galaxy Note 10.1, Galaxy Tab 7.0 Plus and Galaxy Tab 8.9 tablets.
  • September 14, 2012 – Samsung files Answer to Apple’s Counterclaims (Filing # 263).
  • September 14, 2012 – Samsung files Answer to Apple’s Amended Complaint (Filing #264).  This is materially identical to Samsung’s original Answer in Filing # 107.
  • October 1, 2012 – Samsung files Motion for Leave to Supplement Infringement Contentions, including the iPhone 5 in the lawsuit (Filing # 267).
  • October 11, 2012 – CAFC rules that the district court abused its discretion in enjoining the sales of Galaxy Nexus.  The CAFC determined that there was not a sufficient causal relationship between the patent infringed and the consumer demand for the infringing product.  Furthermore, the CAFC also determined that Apple is not likely to prevail on its infringement claim for the 8,086,604 patent (Universal interface for retrieval of information in a computer system) because Apple had not identified all of the potential heuristic modules in its claim construction.
  • November 26, 2012 – Apple files petition for rehearing en banc (Filing #104).
  • December 5, 2012 – Parties file a joint case management conference statement (Filing #319).  The parties report that they have begun the claims construction process, and do not have any requests or suggested changes to the schedule.
  • January 11, 2013 – Samsung files Response to Apple’s petition for a rehearing en banc (Filing #109).
  • January 31, 2013 – CAFC denies Apple’s petition for a rehearing en banc and declares that the mandate from the court will issue on February 7, 2013.