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Apple Files Opposition to Samsung's Motion for a New Trial on '381 Patent ~pj

By Pamela Jones et al.

Apple is, of course, opposed to Samsung's motion for a new trial regarding Apple's '381 patent, and it has now filed its opposition [PDF] with the court. It's the public, redacted version. Samsung asked for the new trial based on what it says is newly discovered evidence, namely his motion is based on "newly discovered evidence"after "Samsung learned from PTO records made publicly available on June 12, 2013, that Apple had successfully advocated a new claim construction of the only asserted claim - Claim 19 - and significantly narrowed its scope in connection with reexamination proceedings before the PTO to avoid having this claim rejected ..."

Apple however says it has done no such thing. Or at least, it hasn't done so "unambiguously". Hmm. "...Apple's reexamination statements are completely consistent with the position Apple has taken throughout this case," Apple argues. Samsung's expert has mischaracterized what Apple said to the USPTO, it says:

Apple's statements merely made explicit what was already implicit in the patent-that a centering function alone without the recited instructions to translate "until the area beyond the edge of the electronic document is no longer displayed" cannot meet the requirements of claim 19.

Even if this were newly discovered, it wouldn't change the outcome at trial. "The Van Dam Declaration ignores the unrebutted evidence at trial that Samsung's products practice all the limitations of claim 19, rather than merely 're-centering' documents." And the cherry on top is the argument that it's too late for Samsung to get a do-over. Samsung's motion is time-barred. You only get 28 days after judgment to ask for a new trial, even if there is newly discovered evidence, Apple writes.

Full post as published by Groklaw on July 23, 2013 (boomark / email).