Almost like a changing of the guard, the battle shifts
Now that Apple has completed their presentation to the jury as to how Samsung infringed on their patents, they have rested the case. Samsung now will present to the jury how Apple infringed on their patents. Each parties role in the case now shifts. And it is in those shifts where Samsung now moves to the offensive in making their points to the jury in order to persuade them their position is correct. Today, they were able to start to make their case, but not before some procedural activities that seemed to help their case against Apple.
Samsung requested that the Judge dismiss the case and the Judge decided to dismiss 3 Samsung phones from the Apple patent infringement case. This was excellent news for Samsung, which now reduces the number they are having to defend against while at the same time going after Apple for patent infringement for those patents which Samsung owns. The international versions of the Galaxy S and Galaxy S II are now no longer part of Apple’s case. In addition to those 2, Judge Koh removed the Galaxy Ace as well from the case. The major reason for this is because the international versions are not for sale in the US and therefore should not be considered as part of the case. Great news for Samsung.
Samsung also attempted to have the Judge throw out Apple’s case all together as they had not been able to prove their case. That one was denied, but you cannot blame Samsung for trying. And with that, Samsung began presenting their case to the jury. With the trial starting on July 30th, it is expected to be completed by August 24th. That is when the case will go to the jury for their deliberations on the matter. There is no sure thing when it comes to juries and neither side knows how things will go with the jury. We can expect to have some decision within a few weeks of the jury getting the case.
Whatever is decided in this case, it is pretty much a sure thing that it will be appealed by either or both sides depending on the outcome. If neither side feels like they got a victory, that would probably be the best outcome.