“Apple has won the first Apple v. Samsung battle today: the Federal Circuit’s appellate hearing relating to the denial of a permanent injunction against Samsung products infringing half a dozen Apple patents,” Florian Müller reports for FOSS Patents. “If you listen to the recording, I’m sure most of you will agree that Samsung’s counsel, Quinn Emanuel’s Kathleen Sullivan, was very much on the defensive. Usually it should be the opposite, given that Samsung won the first round (in district court).
“It’s not always easy to conclude much from what judges say at a hearing. Today, however, the panel composed of Judges Prost, Bryson and O’Malley gave rather clear guidance on the key issues in this appeal,” Müller reports. “I’m as convinced as I could be after listening to the recording of a hearing that Apple will be granted a permanent injunction against Samsung over some if not all of the six patents and the trade dress a California jury found infringed almost a year ago.”
Müller reports, “And that sales ban will, contrary to widespread misbelief and ignorance, not be limited to a few mostly obsolete products but will also apply to newer infringing products that are “no more than colorably different”, which a judge clarifies it not overbroad (as Samsung alleged) but simply the standard language. Also, the patents at issue in this particular case aren’t nearly as important as two other sets of partly much more powerful patents with respect to which Apple may seek injunctive relief in the rather near term.”
Tons more in the full article here.
Alina Selyukh reports for Reuters, “At an hour-long hearing in Washington, U.S. Federal Circuit Court of Appeals Judge William Bryson questioned whether Apple wanted to use the appeal to set a precedent that would allow it to seek sales bans for newer Samsung phones in an expedited fashion. ‘Is that really what we’re dealing with?’ Bryson asked.”
“The current case has dragged on for two years,” Selyukh reports. “Apple lawyer William Lee acknowledged that if the iPhone maker’s injunction request was granted, the company would seek a so-called contempt proceeding to go after newer Samsung phones.”
Read more in the full article here.
MacDailyNews Take: The more pain inflicted upon shameless Samsung, the better!