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Court not swayed by Apple appeal for early Samsung ban

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]



By Electronista Staff
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  1. wrenchy

    Forum Regular

    Joined: Nov 2009

    -11

    Now that


    Steve Jobs is no longer around to pull his Prima-Donna tantrums, the courts can finally do what is right.

    There is hope in the Justice System!

  1. Bobfozz

    Fresh-Faced Recruit

    Joined: Jul 2008

    +1

    This judge is an idiot!

    Judges like this will show the Koreans they can have impunity in ripping Apple off because it's such a big company and has lots of money. This isn't about cupholders dork! This is about patent violation and how many out there know of court cases involving cupholders? That's right, none! If this patent can't stand on its own, then can any patent? Same-song could start all kinds of competing businesses against big companies and do the same thing to them. This was WILLFUL violation, not an accident of nature. These judges apparently have NO technical skills or any idea what Apple went through to make these products so much different from what went on before. Same-song had NOTHING like this. Their designer is blind when he says he is a unique artistic whiz kid.
    Unbelievable. It's no wonder the populace hates Congress, the President, and the Court system--they are run by lame-os, Wrenchy included.

  1. testudo

    Forum Regular

    Joined: Aug 2001

    0

    Re: This judge is an idiot!

    Sorry, sir, but you are the idiot.

    This is just a preliminary hearing to try to get a ban in place. Two separate judges have ruled that a preliminary ban isn't necessary, because Apple has shown no sign of being hurt by the supposed infringement.

    Neither judge has stated that an infringement did not take place. In fact, the first one said it was probable that it did. But the ACTUAL court case starts in July, in which, if found guilty, Samsung will have to pull stuff off the market and pay money and you can be happy.

    Heaven forbid someone actually have to prove something in court first before getting the other punished.

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