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Friday, March 22, 2013

#15 - Samsung deflects Ericsson's 15 patent claim assertion

Ericsson gets in on the action of patent litigation in the increasingly complex web of offensive and defensive actions taken in the mobile device space. In this case, Ericsson adds fuel to the fire in its attempt to tack on 15 additional claims to its ITC complaint against Samsung (view the full analysis on Foss Patents blog here.)


After Ericsson brought this amendment to court, Judge David Shaw decided not to accept the 15 add-ons, partly because the original investigation already involves more than 130 claims. Samsung apparently had chimed in declare it unfair to tack on fifteen new claims given the already broad scope of investigation that will take approximately 15 months to complete as it is.

As usual, the patent war is taking twists and turns that often are hard to justify. In this case, the judge could have chosen to accept Ericsson's assertion, but instead it chose to narrow the case by focusing on the investigation at hand rather than broaden the scope of claims examined, which essentially would have dragged out the length of the case. At the same time, Ericsson could have waited for patent reissue before bringing the ITC complaint against Samsung. Meanwhile, Samsung is busy fending off dozens of litigation cases all at once. I can imagine that they've hired a humongous legal department to deal with this all.


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