Samsung Electronics has requested a new trial for a patent related to the US$1 billion infringement ruling against it, following a re-examination of the patent at the U.S. Patent and Trademark Office.
for a new trial was filed late Monday. Samsung says that the motion is based on "newly discovered evidence" because Samsung learned from publically available PTO records that Apple had succesfully advocated a new claim contruction of the asserted claim - the one Samsung was found to infringe last August - and significantly narrowed its scope in connection with with re-examination proceedings before the PTO, to avoid having this claim rejected.
The Samsung request for a retrial covers U.S. patent 7,469,381, a patent for list scrolling and document translation, scaling and rotation on a touchscreen display.
Samsung also asked the court for a stay in the case pending its appeal.