“These phones and tablets were found to use features and designs patented by Apple, but so far, that decision has only resulted in a major fine for Samsung — in December, Judge Lucy Koh found that damages were enough for Apple to recoup its losses, so an out-and-out ban wasn’t warranted,” Robertson reports. “Now, Apple has brought its case to the Federal Court of Appeals, which is set to make what could be a near-final call on the issue.”
MacDailyNews Take: Ooh, “near final.” Be still our hearts. A snail in reverse is more expedient than the U.S. legal “system.”
Robertson reports, “Though it decisively won the original case, Apple is on the defensive here. Koh decided Apple hadn’t proved its patents were a driving factor in how customers chose phones. For Apple to get its injunction, it first has to convince the court that this bar was set far too high, then make a case for why it meets a different, lower standard… ‘I don’t think that anybody in Apple’s position’ could absolutely prove a major link between a single feature or collection of features and sales, said Apple attorney William Lee. Companies can be required to prove ‘irreparable harm,’ but holding Apple to this standard would be a ‘fundamental change in American patent law,’ he argued.”
Read more in the full article here.
Apple asks U.S. appeals court to halt Samsung’s slavish copying – August 9, 2013
Apple seeks sales ban on Samsung mobile devices in U.S. ITC, court cases – August 9, 2013
Apple faces three major legal showdowns Friday – August 8, 2013