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Judge Lucy Koh listening to arguments on Dec. 6, 2012. REUTERS Vicki Behringer

U.S. judge tells Apple, Samsung to narrow search patent case

2/21/2013 COMMENTS (0)

By Dan Levine

SAN JOSE, Calif., Feb 21 (Reuters) - A U.S. judge on Thursday said Apple Inc and Samsung Electronics Co Ltd must narrow a patent lawsuit that involves Apple search technology, adding that she would put the case on hold if the two companies could not agree.

Apple won a $1.05 billion verdict last year against Samsung in a California trial court, but U.S. District Judge Lucy Koh rejected Apple's request for a permanent sales ban against several Samsung phones. Apple has appealed and a ruling is not expected until September at the earliest.

Apple also accused Samsung in a second lawsuit of violating a separate batch of patents, including the rights to search technology that is part of the iPhone Siri voice feature. That case is scheduled for trial in March 2014.

At a hearing in San Jose federal court on Thursday, Koh said each company would be allowed to assert 25 claims, involving a maximum of 25 products each.

"Just take your best shots," Koh said. "I don't want a lot of sausage filler."

Last week Koh had asked the companies to consider whether the case should be put on hold until after the appeals court rules on the first lawsuit.

On Thursday, Samsung attorney Kevin Johnson said the company would ask Koh to suspend the lawsuit. Apple lawyer Josh Krevitt said the iPhone maker would oppose Samsung's request.

Koh said she would consider Samsung's motion when it is filed. However, if the case does proceed she said it would have to get smaller.

"As this case as it is currently framed, I'm refusing to go forward," Koh said.

The worldwide legal fight between Apple and Samsung has been viewed in part as a proxy war between Apple and Google Inc. Samsung's Galaxy smartphones and tablets run on Google's Android operating system.

The case is Apple Inc v. Samsung Electronics Co Ltd, U.S. District Court, Northern District of California, No. 12-630.

For Apple: Josh Krevitt, Gibson, Dunn & Crutcher and William Lee, WilmerHale.

For Samsung: William Price and Kevin Johnson, Quinn Emanuel Urquhart & Sullivan. 

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