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Koh sets December 6 court date to consider permanent injunction against Samsung smartphones

Wednesday, August 29, 2012 · 8:50 am · 23 Comments

“A U.S. judge on Tuesday set a December 6 court date to hear Apple Inc’s request for a permanent injunction against Samsung Electronics’ smartphones, which could delay the potential impact of Apple’s crushing legal victory,” Dan Levine reports for Reuters.

“Apple on Monday identified eight devices it will seek preliminary injunctions against, and said it would file for a permanent sales ban,” Levine reports. “A hearing about the preliminary injunctions had been scheduled for September 20 but it is not clear if this issue will be addressed at that hearing or moved to December.”

Levine reports, “In an order on Tuesday, U.S. District Judge Lucy Koh said that due to the scope of Apple’s preliminary injunction request, she believed it was ‘appropriate’ that various post-trial motions be consolidated.”

Read more in the full article here.

MacDailyNews Take: December 6th! Yes, 3 more months of Samsung infringing on Apple’s patented IP and trade dress with their stolen products. Right up into the Christmas shopping season, too. Idiocy.

This is thwarting justice – justice called for by the jury’s verdict – via gross incompetence. Lucy Koh is a fool.

The expeditiousness of government is matched only by molasses flowing uphill. – MacDailyNews Take, August 28, 2012

Categories: News

Tags: Apple v. Samsung, Christopher Carani, crisis of design, iPad, iPad knockoffs, iPad wannabes, iphone, iPhone knockoffs, iPhone wannabes, Judge Lucy Koh, legal, patent infringement, Scott Forstall, slavish copiers, steve jobs, Tim Cook, trade dress infringement, Vel Hogan

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Comment Feed

23 Comments

Ballmer's left nut

Wednesday, August 29, 2012 - 9:00 am · Reply

Another entitled lazy Obama appointed sit on your ass do nothing judge. So what’s new in the justice system? By the time Judge Koh gives judgement on any issue the polar ice caps would have melted. If a jury sitting in deliberation for 3 days can come up with a verdict why does a judge need another month? Is this so she can adjust her makeup?
- Corrupt Judge
  
  Wednesday, August 29, 2012 - 9:03 am · Reply
  
  One month? Try 3+ months.
  
  Koh needs another 3 months and a week or the Samsung check won’t clear.
- Shadowself
  
  Wednesday, August 29, 2012 - 9:24 am · Reply
  
  BLN: This has ABSOLUTELY NOTHING to do with Obama or any appointment by him. (I’ve seen as bad or worse from Republican appointed judges too.) This has to do with a judge who disagrees with companies suing each other over what she feels are questionable grounds.
  
  She can’t single handedly fix what she feels are broken patent, copyright, trademark and trade dress systems. Thus rather than make explicit rulings in a timely manner — and risk those almost certainly getting overturned on appeal — she’s taken the coward’s way out and delayed everything until whatever ruling she makes is absolutely pointless.
  
  Hell, if she can push the ban out until next June or July Samsung won’t be selling those models or the infringing version of software anywhere in the world.
  - First 2010, Then 2012
    
    Wednesday, August 29, 2012 - 10:10 am · Reply
    
    I hereby nominate Mia Love to replace Lucy Koh:
    - Channel Flipper
      
      Wednesday, August 29, 2012 - 10:19 am · Reply
      
      I didn’t see that on MSNBC. I didn’t see Artur Davis’ speech, either. Or Ted Cruz’s speech, Luce’ Vela Fortuño’s speech, or Brian Sandoval’s speech on MSNBC, either.
      
      Interesting. Racist, but interesting.
      
      I see right through the Democrat party and their sympathetic media outlets. Can you?
      - steve
        
        Wednesday, August 29, 2012 - 11:42 am · Reply
        
        Troll! Troll! Troll! – this guy keep adding Political satire to all these post!
  - Swordmaker
    
    Wednesday, August 29, 2012 - 1:21 pm · Reply
    
    Yes, she can. She can issue an injunction tomorrow. The APPLE lawyers prepare the injunction NOT Koh, she merely signs it! They know what needs to be banned under the jury’s decision. Why the delay through most of the Christmas shopping season? To let Samsung clear out it’s inventory pipeline, I suspect, minimizing damage.
Corrupt Judge

Wednesday, August 29, 2012 - 9:01 am · Reply

Hey Lucy, you got some ‘splainin’ to do!!!

But do enjoy your new vacation home paid for by Samsung.
krquet

Wednesday, August 29, 2012 - 9:02 am · Reply

Justice delayed is justice denied, etc.
TheMacAdvocate

Wednesday, August 29, 2012 - 9:05 am · Reply

I predict that Jelly Bean will be on over 20% of Android devices before Apple gets any measure of injunctive relief from the courts in this country.

Koh has been begging Apple to reduce her workload since the case began – demanding they reduce the number of their demands and repeatedly asking them to settle before the case was put in a jury’s hands. What took the jury 21 hours to decide will take Koh’s court 21 months to execute – if Apple’s lucky.
Jax44

Wednesday, August 29, 2012 - 9:07 am · Reply

Ah, Sammy finally tracked her family down.
Shadowself

Wednesday, August 29, 2012 - 9:17 am · Reply

As is typically done, she’ll hear arguments on 6 December and then take that “under consideration”. She’ll make a ruling by mid January. Then the ruling will be that certain phones are banned starting in mid or late February.

By that time Samsung will ALREADY be selling NONE of those phones in the U.S. The ban will be in name only and have ZERO — ABSOLUTELY ZERO — impact on SAMSUNG.

Koh clearly believes that banning infringing phones is not the thing to do. However, she knows that if she refuses to ban any phones that Apple will file an immediate appeal and file for an injunction against phone sales with the appeals court — both of which Apple is very likely to win.

So rather than risk a superior court slapping her for doing something against the jury’s verdict, she’s delaying until the inevitable ban is worthless.
- Disillusioned Former Dem
  
  Wednesday, August 29, 2012 - 9:40 am · Reply
  
  Koh eats dog, just like the Let’s-Punish-America enemy combatant (Obama) who appointed her.
- Sucker
  
  Wednesday, August 29, 2012 - 10:54 am · Reply
  
  There is a good chance that US retailers won’t be ordering those listed devices anyway because if a ban is pending they won’t want to get stuck with the merchandise.
Prophet HUP

Wednesday, August 29, 2012 - 9:43 am · Reply

Apple could claim an additional $billion or two for units shipped during the delay. Why not?
- SamLowry
  
  Wednesday, August 29, 2012 - 9:50 am · Reply
  
  ++
  just what I thought.
Bongo

Wednesday, August 29, 2012 - 9:47 am · Reply

If a product has been deemed to violate the law, doesn’t an immediate make sense? Either Samsung settles with Apple or their infringing products get an injunction. That’s how it should be
Ubermac

Wednesday, August 29, 2012 - 9:54 am · Reply

Shamedung slipped the juge a note…

We know where your family lives!

Or she got a call from his honor judge POSner.
mitchp2012

Wednesday, August 29, 2012 - 10:28 am · Reply

You are all pathetic. You were praising her at the start of this trial and turn around on the flip of a dime. Not to mention only you people would make this political.
trondude

Wednesday, August 29, 2012 - 10:52 am · Reply

Apple might be wise to delay launch of the iphone5 and so called mini iPad until after this expires.
Perry Mason

Wednesday, August 29, 2012 - 11:54 am · Reply

The December date is for PERMANENT injunctions. Koh will hear arguments for, and likely impose, TEMPORARY injunctions (which have the same force; i.e., banning sales/importation) on September 20. It’s Samsung that has until December to come up with reasons why the injunctions should not be made permanent. This is a very normal course of events, and will likely operate in Apple’s favor.
MacHeadB

Wednesday, August 29, 2012 - 12:31 pm · Reply

The legal system is rigged for the lawyers and judges to keep racking in those bucks from delay after delay to appeals to appeals and so on. If only justice could be dealt swiftly would be so refreshing.
ppctyler

Wednesday, August 29, 2012 - 1:49 pm · Reply

The uninformed need to view the full docket of this case. It is laid out chronologically on iClarified. There is a statutory order in which these legal proceedings must follow. If not followed, the entire case can be overturned for denial of due process. That would be the last thing that we want. Judge Koh is not delaying the injunction, she is following the statutory process so that the verdict remains firm. It’s great to play armchair lawyer, but one needs to know the law first!