Samsung Lawyers Accused Of Stalling In Court By Apple
With the saga of legal battles between Apple and Samsung stretching like the arms of Reed Richards from Marvel’s Fantastic Four, lawyers and the users of both brands are wondering what will happen in the next development of this feud.
The lawyers representing Apple feel that Samsung’s lawyers are being uncooperative and holding back the their (Apple’s lawyers’) efforts for an expedited trial in the patents infringement lawsuits that Apple has filed against Samsung.
Apple is preparing a motion to compel Samsung to present more evidence in its case in a California. However, Florian Muller from FOSS Patents is pointing out that Apple cannot bring motion without arranging to hold a “meet and confer” between its lead counsel and the lead counsel of Samsung.
However, Charles Verhoeven, Samsung’s lead counsel, recently got Motorola, a victory against Apple in Washington DC. There are many hearings in which, he would be involved till 16 December 2011. By the time he returns, it would be too late for Apple to move its motion against Samsung that Apple wants to be heard in court by the end of of 2011.
The lawsuits and counter-lawsuits have been filed by Apple and Samsung against each other in many countries, for past few months. This saga started when the sales of Galaxy Tab were banned in Australia after the court agreed with Apple’s allegation that the design of Galaxy Tab had been copied from iPad. The ban was lifted in late November 2011 but Apple got an extension according to which the ban had been extended till 9 December 2011. Apple had obtained one week extension on the ban on the grounds that it needed time to appeal against the verdict in Australian High Court. However, Apple’s appeal was rejected last week.
Samsung had also approached various courts, seeking a ban on various Apple products, including iPhone 4S. The appeals were rejected. However, Samsung did gain an upper hand over Apple in some European courts.
Apple is claiming that Samsung has produced little evidences with just 7 documents, comprising of 241 pages. On the other hand, Apple had to present more than one million pages.
Apple’s attorneys are hoping that Judge Lucy Koh will grant them relief from the meet-and-confer requirement, allowing the lawyers to bring their motion to compel immediately. Apple’s legal team hopes that the court will be able to hear the motion on or around 16 December 201 and give them the ability to move forward and potentially meet their own deadlines.
In USA, Apple’s lawsuit against Samsung, seeking a ban on the sales of Galaxy Tab had been dismissed.
The legal dispute between Apple and Samsung started in Australia and spread to the whole world. However, it is not over in Australia, with a hearing scheduled for March 2012.
Source: Apple Insider