Samsung filed a motion on Wednesday to stay the Apple v. Samsung damages retrial after the U.S. Patent and Trademark Office found one of the patents-in-suit invalid.
The emergency motion to halt the proceedings follows a USPTO advisory action also issued on Wednesday, in which the examiner of Apple’s U.S. Patent No. 7,844,915, or the ‘915 patent, found all claims of the property invalid.
Samsung’s motion read, in part: “This decision by the PTO jeopardizes the jury’s findings in the damages trial and may render all of the post-trial proceedings a waste of time and resources.”
The South Korean firm proposed a stay of the current damages retrial, or a stay after the jury reaches a verdict. Both parties in the case presented closing arguments in their respective cases, leaving the jury to their deliberations.
Apple is seeking some $380 million in lost profits, Samsung’s gained profits, and lost royalties for 13 devices that infringe five patents.
The ‘915 patent is the only patent Apple has in play for lost profits.
Judge Koh said she will not rule on Samsung’s motion today, and will instead focus on jury questions pertaining to its final decision.
Apple has reportedly been given one day to respond to the motion to stay.