Score one for Samsung —

Apple rests patent case as judge tosses three Samsung phones from trial

Samsung wins one (small) victory, but there's hard work left to do.

Apple on Monday rested its case that Samsung ripped off the design of the iPhone and iPad while building its own mobile products. Meanwhile, three of the Samsung phones that Apple labeled as infringing were tossed from the trial.

It was a minor victory for Samsung. The Galaxy Ace, Galaxy S i9000, and Galaxy S II i9100 were thrown out of the case by US District Court Judge Lucy Koh after questions about whether the phones were even sold in the US. The devices were dropped from the case because they are “world phones that could be purchased in the US., but that weren't sold by Samsung's telecommunications and electronics divisions in the US,” according to CNET.

All Things D points out, however, that the ruling does not affect the US-specific versions of Samsung’s Galaxy S and Galaxy SII phones, which are among roughly 20 devices Apple has identified as infringing its intellectual property. Moreover, the three phones were essentially worthless in Apple's case from a financial perspective. Apple's damages report assigned the three phones a worth of $0, the only phones in the case with such a distinction.

Samsung tried to get a larger victory today, asking for a Judgment as a Matter of Law that Apple hasn’t proven its case, and that no reasonable jury could possibly side with Apple. Koh rejected Samsung’s request, meaning the case will, as expected, move forward to the next phase. Earlier on Monday, Apple’s expert witness on financial matters testified regarding the damages Apple is seeking, a number that recently grew from $2.5 billion to $2.88 billion.

With Apple resting its case, Samsung was able to start its defense late this afternoon. Samsung's first witness was Benjamin Bederson, chief scientist and co-founder of a mobile company called Zumobi. Bederson is testifying on Samsung's behalf because he helped create a user interface for mobile touchscreen devices called LaunchTile, which was apparently used in conjunction with Microsoft's Pocket PC software and the HP iPAQ device starting in November 2004. Samsung believes LaunchTile should count as prior art, making some of Apple's patents invalid because the technology already existed, according to a Forbes liveblog of the trial. After Bederson, one of the people behind a 2001 touchscreen tabletop computer called DiamondTouch also testified on the prior art issue.

We’ll hear much more about why Samsung doesn't think it infringed Apple’s patents as the week goes on. Judge Koh is reportedly aiming to move to closing arguments by Tuesday of next week before handing the case off to the jury.

Channel Ars Technica