That seems fair
If the patent is invalidated and to make it valid you have to change the part of the patent you're suing over, then at the very least all prior claims of infringement must be void and a new trial ordered.
Samsung versus Apple has taken yet another twist, with the Korean company asking for yet-another-trial on the basis that Cupertino reduced the scope of its infamous “rubber-band” patent during a re-examination. The companies' litigation, set to replace SCO versus IBM as the tech sector's Jarndyce v Jarndyce, has spawned …
Most of last year I wondered why Samsung hadn't been trying to get the patent invalidated, and now it has finally dawned - they were keeping this in reserve so they could force a retrial based on new evidence if the original trial went tits up - exactly like they're doing now. Smooth moves Samsung lawyers, I take back all the bad stuff I wrote.
You can't say this lawsuit is going to overtake SCO vs IBM because that one's still going on.
SCO will never die! The now re-launched Hammer will be making films about them for the next few decades. SCO, SCO Returns, The Bride of SCO, Son of SCO, SCO's Revenge, SCO vs Predator...
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