Samsung Submits Petition for Apple vs Samsung Patent Case

Samsung has filed a Petition for the EN Banc Rehearing regarding the recent case that went in Apple’s favour and it has been made available to the public online.

Judge Koh’s decision in September was to order Samsung to pay Apple $450 million even though one of the patents underlying the related ruling had been made invalid; Samsung wasted no time submitting the rehearing request. Samsung argues that the judgement was made without sufficient briefing to the court and stated much was left unresolved such as a patent that has been invalidated.

“Without the benefit of normal briefing or oral argument, a panel of this Court, Summarily affirmed that judgment. It did so even though much remains unresolved in this case. The $399 million of that judgment awarded for design-patent infringement is the subject of a forthcoming petition for a writ of certiorari. The $114 million of that judgment awarded for infringement of Apple’s 915 patent is subject to collateral estoppel now that the U.S. Patent and Trademark Office has invalidated that patent in a final decision”

It appears that Samsung is pushing for this rehearing to be done by the Supreme Court. I do find it strange if the Federal Circuit Court overlooked this significant insight relating to this case and although I’m far from a legal expert Samsung seems to hold some valid points with the case being closed pretty rashly. This request for appeal will get reviewed and then the United States Court of Appeals will decide what action will proceed from this request.

As the stock market is currently so unpredictable this judgement could not have been made at a worse time. Although it’s no secret that both Apple and Samsung have their fair share of history with being in and out the patent courts in a multitude of cases in recent years, it’s almost becoming fashionable.

Is it possible in a plot twist that Judge Koh is actually a hardcore Apple fanboy? I know it’s unlikely, but stranger things have happened.