Samsung filed a motion recently to stay the Apple vs. Samsung damages retrial on the grounds of a US Patent and Trademark Office action that found one of the patents-in-suit invalid. The emergency motion to halt the proceedings follows a USPTO advisory action also issued recently, 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 mentions the following:

The South Korean company proposed a stay of the current damages retrial, or a stay after the jury has reached verdict. Earlier this week, both parties rested their respective cases and presented closing arguments, leaving the jury to deliberate. Apple on the other hand is seeking roughly $380 million in lost profits, Samsung’s profits gained and royalties for 13 devices infringing five patents. US District Court Judge Lucy Koh vacated $450 million from the Apple vs. Samsung jury’s award of $1.05 billion after finding errors in the calculation of the damages.

For those of you who didn’t know, the ‘915 patent is a major part of the trial as it is the only patent Apple has in play for lost profits. The Cupertino California company complied with a pretrial order not to bring the other four properties up for lost profits arguments, which is pegged at $114 million. Judge Koh, who has already refused Samsung’s original motion to stay over this very patent, continues to stand firm saying she won’t rule on the motion today, and will instead focus on jury questions pertaining to its final decision.

The jury is in the middle of reviewing testimony from Apple expert witness Julie Davis, who calculated the $380 million damages figure. According to recent tweets from Julia Love of The Recorder, Apple has been given one day to respond to the motion to stay.

We’ll have to wait and see what comes of the whole ordeal.

Source: Scribd, The Recorder