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No Verdict Gratification for Apple Till December 6

The delay is supposed to have something to do with the flood of post-trial filings the judge is expecting from both sides

Apple may have to wait until December 6 to see if it gets any gratification from the jury decision last week that Samsung copied its technology in its phones, which it wants enjoined.

The delay is supposed to have something to do with the flood of post-trial filings the judge is expecting from both sides, but it certainly takes the teeth out of the victory as the product grow increasingly dated.

"Having considered the scope of Apple's preliminary injunction request, the additional post-trial motions that the parties have already filed and will file, and the substantial overlap between the analysis required for Apple's preliminary injunction motion and the parties' various other post-trial motions, the court believes consolidation of the briefing and hearing on the post-trial motions is appropriate," the judge said.

She's also limiting the length of filings.

Otherwise District Court Judge Lucy Koh has scheduled a hearing for September 20 to entertain Samsung's motion that she lift the sales ban on its Galaxy 10.1 tablet.

She could decide without a hearing or kick it up to the Court of Appeals for the Federal Circuit since the preliminary injunction is currently on appeal and she may not have jurisdiction.

Apple wants it extended to look-a-like tablets and made permanent.

Samsung, which is seeking to stay the imposition of the jury's findings and will fight any injunctions, said it would post a $1.05 billion bond.

Appeals courts generally take six month to decide a preliminary injunction; nine months to a year to decide a permanent injunction.

Apple wants triple damages for willfulness. Need it be said there's never been a $3 billion decision. Things will depend on how December 6 goes though there may be no immediate decision.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

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