After the jury trial between Apple and Samsung, and shortly before the July 10, 2014 hearing on post-trial motions, Samsung requested leave to file supplemental briefing to argue that the asserted claims of two of Apple’s patents were invalid under 35 U.S.C. § 101, in light of the Supreme Court’s decision in Alice Corporation Pty. Ltd. v. CLS Bank International, 134 S. Ct. 2347 (June 19, 2014) (“Alice“).
The district court permitted the filing of the supplemental briefing on the invalidity issued, but ultimately concluded that Samsung had not timely raised the invalidity issue. “The Court concludes in this case that Samsung could have–but failed to–preserve § 101 invalidity defenses, and that Samsung’s request for the Court to adjudicate a legal theory that was disclosed after trial is untimely, regardless of the Supreme Court’s intervening decision in Alice. Accordingly, the Court will not consider the merits of Samsung’s § 101 arguments.”
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