updated 04:05 pm EDT, Fri April 6, 2012
Apple has trouble persuading court on Samsung
Apple has largely been unsuccessful in attempting to appeal its denied early ban on Samsung devices in the US. Judges in an appeals court hearing on Friday was told that, while the main case's Judge Lucy Koh thought it probable Samsung had copied Apple technology, there wasn't a strong enough sign that any imitation was doing damage to Apple's health. Apple had tried to argue that it didn't need to show a direct loss.
In one key moment, Judge Bill Bryson stressed that the value of a patent mattered for a preliminary ban request, not just that it was being violated. He asked if a car designer that violated another's cupholder patent should have relevant cars banned. A literal interpretation of Apple's view would have seen the infringer banned if it at all lost market share, even if the cupholder wasn't likely the cause.
A final ruling hadn't yet been given, but the wary reaction made it likely that Apple would have to wait until the end of the full trial starting in July to win any ban. Judge Koh's indication that it was probable Samsung was in violation could still keep some, mostly older Samsung devices off the market and force it to design around the patents in the future.
Separate ITC trade disputes are also waiting and just recently saw John Quinn, the founder of well-known law firm Quinn Emmanuel, defending Samsung against Apple. As via Reuters]