Apple may seek expanded permanent ban for future Samsung devices

Apple Inc. “may push to add unreleased Samsung mobile products to a permanent U.S. sales ban it’s seeking after winning a $1.05 billion verdict,” Joel Rosenblatt reports for Bloomberg.

“U.S. District Judge Lucy H. Koh in San Jose, California, today is hearing Apple’s arguments that a jury’s finding in August that Samsung infringed six patents justifies a ban on U.S. sales of at least 25 of its phones and tablet computers,” Rosenblatt reports. “Apple has said that if Koh approves a sales ban, it will ask her to extend the order to cover newer Samsung products. ‘The injunction hearing is important not so much because of the products Apple seeks to ban, which are old technology now, but because the judge might grant a broad injunction that applies to future products with the same features,’ Mark Lemley, a Stanford Law School professor not involved in the case, said in an e-mail.”

“Samsung is asking Koh to overrule the jury’s findings on infringement of Apple’s design patents, arguing that patent law protects only designs that are new, original and ornamental, not ‘general design concepts’ at issue in the trial,” Rosenblatt reports. “Samsung also argues there’s no proof it willfully infringed Apple’s patents, the grounds for Apple’s request for increased damages.”

MacDailyNews Take: Oh, no, no proof at all…

Apple’s products came first, then Samsung’s:

Samsung Galaxy and Galaxy Tab Trade Dress Infringement

Samsung needs to lay off the peyote.

Rosenblatt reports, “In the U.S., Samsung’s market share gain has ‘come at Apple’s expense, eroding Apple’s position as the market leader over the past two years,’ Apple said in a filing. ‘Samsung’s successful strategy has been to ‘blunt’ and ‘undercut’ Apple using the Galaxy products to take the leading position in the U.S. smartphone market.’ Apple, the world’s most valuable company, can regain market share by adding more recent Samsung products to any sales ban Koh issues, said Carl Howe, an analyst at Yankee Group in Boston. Howe noted that the two companies have added newer products, including Samsung’s Galaxy S III and the iPhone 5, to a related infringement suit, also before Koh, that is scheduled for trial in 2014. ‘Samsung may be betting on the fact that the the legal system works slowly,’ Howe said. ‘However, judges are not dumb. If they see that is in fact their strategy, they will take that into account in damage awards or in their decisions on remedies.'”

Read more in the full article here.

13 Comments

  1. It is obvious SamDung is working the system …… They pulled some real cute ones ……. She has to be able to see thru their BS …..

    Time will tell ….. Hopefully the final outcome does not get put off until next year, due to the Holidays …..

    1. All this aggressiveness won’t do any good for none!
      I stand for Apple, yes… but why feel obliged to be AGAINST anything else?
      Let the others be. One may be corrected, forced to stop copying, punished for robbery, but it is still no reason to hang and kill.
      Things are not only black and white, never and nowhere.

  2. Apple inc. Seeking to protect you from products that you did not know that you didn’t want before you knew that you didn’t want them having seen them on the market.

  3. so apple wants monopoly, huh? good strategy dumbass. apple think that they can’t compete with samsung in america soil. then it’s the best way what they do. pathetic.

    1. Your village bridge is missing its idiot troll, run along now edward… No one has missed you while you were gone.

      Apple doesn’t want a monopoly. They welcome competition, but not blatant thievery copying.

      The way it is now, Apple is its own, and only competition.

    2. Wow Edward you know exactly what Apple thinks eh? You think they are scared rabbits afraid of Samsung and can’t compete eh? Even though all profit evidence is to the vast contrary? Can’t wait for your disingenuous troll balloon to burst and you come hurtling to earth making a big explosion as all the fetid air ignites and explodes. Another questionably intelligent creature stating his personal illusional delusion out loud as fact.

      1. The fetid air comes from the fecal matter in the cesspool he inhabits. He has a great habit of leaving fecal matter wherever he goes. That’s the only reason that I must bring a shovel every time he surfaces! D=======)))))

      2. Wow!… And… do YOU know what Apple thinks?
        No need to be so aggressive. Apple is a little like god: great enough to defend itself. No need for intermediaries.

  4. “‘Samsung may be betting on the fact that the the legal system works slowly,’ Howe said. ‘However, judges are not dumb. If they see that is in fact their strategy, they will take that into account in damage awards or in their decisions on remedies.’”

    I’d say, Samsung made the right bet with this judge.
    Koh seems to be dumber than sand in spaghetti.

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