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Judge Koh rules Samsung did not waive article of manufacture issue in Apple design patent fight

Michael Loney, New York

The Northern District of California has ruled that the article of manufacture issue has not been waived in Samsung’s bid for a retrial of its design patents dispute with Apple. But Judge Koh deferred consideration of whether a new trial is necessary until further briefing

Judge Lucy Koh of the Northern District of California has ruled Samsung did not forfeit its ability to argue that it should only pay damages based on a portion rather than the entire cost of a smartphone in its design...

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