Apple can seek sales ban on Samsung phones, judges rule

“Apple has been given the right to seek a potential ban on Samsung products in the US,” Dan Worth reports for V3. “The decision comes after an original ruling had said such a ban was not permissible.”

“The United States Court of Appeals for the Federal Circuit made the ruling on Monday, and said that the previous ruling handed down in December 2012 by Judge Lucy Koh had failed to take all the necessary considerations into account when making the decision,” Worth reports. “‘The district court abused its discretion in its analysis and consequently remand for further proceedings,’ the appeal court judges wrote in their opinion on the case.”

Worth reports, “This now means if Apple can prove its sales were directly damaged by alleged copying of its patents by Samsung, such as pinch to zoom and similar multi-touch gestures, it could secure a ban on devices.”

Read more in the full article here.

21 Comments

  1. Lucy sctewed up. Any reasonable person could determine Apple was hurt by IP theft. Note that an injunction would have curtailed Samsung sales entirely. An appropriate remedy therefore seems to have Samsung disgorge such revenues …and pay to Apple.

  2. I think this is ridiculous and far short of satisfactory, “This now means if Apple can prove its sales were directly damaged by alleged copying…”

    In essence, this says, “Copy all you want as long as your victim can’t prove direct damage to sales”.

    Surely it is logical and reasonable to have what I THOUGHT was supposed to be the rule — “You can’t copy.”

    1. I certainly don’t have an issue with you expressing your feelings about me and the use of vile language. Taking that leap and saying that I have no friends, well that’s just ludicrous.

  3. Dude, I don’t mind a little swearing on MDN, we all get emotional sometimes. But don’t use that word. It’s much worse than the f-word. It’s the ugliest word in the English language. I never expected to see that word used in this forum, you surprised me. I’m no angel, and I use my fair share of foul words, but I never, ever use that word in any context or with any person I associate with. You must be very young to not know better.

    1. No, frankly all words that denigrate people are equally offensive. That you find one more offensive than any other is just your own bias against one group or class of people over another.

      That said, while I do find the language course and a bit gross I agree with the sentiment.

    2. I actually disagree wholeheartedly and believe that the word is A powerful word that should be reclaimed today by the Women of the world and used for expressing their power coming from their sexual self.

      1. I like your post thanks. I was tempted to add in my reply to MaxExpert that I’ve been to places where the term is used quite frequently, mostly by women. I found it quite shocking at first, actually I still do but hey, freedom of speech, it’s a big important and valuable concept.

    3. One of the reasons I love coming here, you learn all sorts of great stuff, even from people you may disagree with. Thanks for the background info.

      I find the use of the idea of puritanical to really set it on the head. Using terms like thermonuclear war, oh that’s OK, but refer to genitalia or fornication practices, ohhhh can’t have that to be quite amusing and sad at the same time.

  4. So here again Apple’s pinch and zoom have been voted as being something Samsung is liable for, so Judge Koh can’t rule against Apple about the validity of that patent since it seems as though the Appeals court has already ruled that patent as quite valid indeed.

  5. Foul language cannot express much of any real importance. Try civil language or don’t say anything at all. And maybe take some inspiration from Apple — the reason we come to this website — and show a little class.

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