“On Thursday evening local California time, Samsung filed a notice of appeal to the Federal Circuit of the final judgment that had been handed down less than 20 hours before,” Florian Müller writes for FOSS Patents. “By proceeding so quickly, Samsung demonstrates a strong belief that something is fundamentally wrong with the outcome of that California case. And presumably it won’t take long before Apple will also appeal the unfavorable parts of that ruling, possibly including Thursday’s denial of its renewed motion for a permanent injunction.”
“The August 2012 billion-dollar jury verdict can be appealed only now because a limited damages retrial (concerning 13 of the 28 accused devices) had to be held last November (resulting in a final total damages figure of $929 million), and after a partly (but, as we know now, not sufficiently) successful appeal by Apple of the December 2012 denial of an injunction, Judge Lucy Koh had to take another look at this equitable remedy,” Müller writes. “Samsung was unhappy about the verdict for several reasons. None of its offensive counterclaims against Apple succeeded, while Apple prevailed on almost all liability issues.”
“It’s a safe guess that the validity of the ‘915 patent will be a key issue on appeal. Should the Federal Circuit share the USPTO’s current perspective that the patent should never have been granted in the first place, then there will have to be another retrial,” Müller writes. “Yes. Another retrial.”
Read more in the full article here.
MacDailyNews Take: Justice delayed in justice denied.
Related articles:
Judge Lucy Koh denies US sales ban of Samsung’s patent-infringing products sought by Apple – March 6, 2014
Jury finds Samsung willfully violated Apple patents – August 24, 2012
No more Samsung products. Boycott them. End of f’ing story.
Simple deal… Apple is not allowed to sell their gear in Korea… and Samsung is not allowed to sell their gear in the US…
Other Android makers (and Google) would rejoice more than Apple….
What stupidity.
Why not just buy what you want? Do you really want to be told what you can or can’t buy in US or Korea? Don’t want Samsung? Simple, don’t buy it – but don’t try to force others to buy whatever crap you want to buy.
And Judge Koh will take this opportunity to continue to do everything in her power to rectify “xenophobia in american courts” — notwithstanding the fact that none has been shown! Who needs a scientific level of statistical evidence when a Judge already “knows” what is true? Let’s not let the facts stand in the way, DOJ. See K.A.Moore’s 2003 paper cited as evidence to support assertions of the presence of “Xenophobia in American courts” in Judge Koh’s last JMOL. The Moore paper is incapable of showing any evidence of any kind due to critical limitations in study methodology and statistical analysis. Yet the Moore paper is cited by Judge Koh as the basis for her decision in the JMOL. Crazy.
Those who buy ScamScum products are building a ponderous chain.
They had the appeal pre-filled out. That means they knew they were going to lose, and they knew they were guilty. They’ll appeal, appeal, appeal until all products concerned are so obsolete that judges and public opinion won’t be there against them any more. That costs less than paying design engineers.