Apple appeals rejection of Samsung smartphone sales ban

“Apple Inc. appealed a federal judge’s ruling last week denying the company’s bid for a sales ban on Samsung Electronics Co. smartphones found to have infringed the iPhone maker’s patents,” Joel Rosenblatt reports for Bloomberg. “U.S. District Judge Lucy Koh in San Jose, California, for a second time on March 6 rejected Apple’s request to ban more than 20 Samsung smartphones, no longer on the market, that were at issue in the companies’ first U.S. patent trial in 2012. Apple filed a one-paragraph notice today in Koh’s court saying it will ask the U.S. Court of Appeals for the Federal Circuit in Washington to review the case.”

“Patent experts have said the ruling last week may make it harder for Apple to get a similar ban it would seek if it wins another trial scheduled to begin this month over newer devices,” Rosenblatt reports. “Koh’s decision may also give Samsung leverage as the world’s top two smartphone makers continue to talk to a mediator about a possible settlement.”

“Koh previously found in rejecting a sales ban that Apple didn’t prove that Samsung’s infringement caused irreparable harm. The Federal Circuit later ordered her to reconsider her ruling, saying she set too high a standard in requiring Cupertino, California-based Apple to show that patented features of its phones are the ‘sole driver’ of consumer demand,” Rosenblatt reports. “Koh concluded last week that, even after additional hearings following the appeals court ruling, the iPhone maker hadn’t marshalled enough evidence to win a sales ban.”

Read more in the full article here.

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11 Comments

  1. “Koh previously found in rejecting a sales ban that Apple didn’t prove that Samsung’s infringement caused irreparable harm. The Federal Circuit later ordered her to reconsider her ruling, saying she set too high a standard in requiring Cupertino, California-based Apple to show that patented features of its phones are the ‘sole driver’ of consumer demand,” Rosenblatt reports. “Koh concluded last week that, even after additional hearings following the appeals court ruling, the iPhone maker hadn’t marshalled [sic] enough evidence to win a sales ban.”

    So Koh made a ruling. The higher court said, “Your reasoning is wrong. Reconsider.” Then after “reconsidering”, just like a petulant two year old, she said, “I’m still right.”

    I hope the higher court smacks her much more soundly this time.

  2. Article 1 Second 8, To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

  3. And what do you have to provide as proof???? Nokia, out of business, Black Berry, a shadow of it’s former self and crashing.
    How very high a bar she has set??? No one other than a convicted copier has any where near the market share of Apple. Does she think Samsung as a name or brand is the reason phones are selling???? What a crock!

  4. The US Court position sounds silly. Apple does not want to license its patents to Samsung at all. Yet Samsung refuses to cease & desist in their piracy of Apple’s patented inventions. The court continues to beg the parties to work it out among themselves, and basically tells Samsung they can continue to use there infringed IP in question until a solution is found.

    Imagine someone “borrows” your car against your will. You go to court to get your car back, and the Judge basically says: “Sorry, you can’t have your car back — you simply need to work out a reasonable daily rental fee with the borrower!”

    Apple does not want to license out its patented invention to pirates, infringers, or competitors and it should not be forced to do so outside of its own free will. Yet the US Court position essentially prevents Apple from protecting itself. If Samsung was really all that concerned about protecting its own device sales, it could simply do whatever is necessary to “work around” the infringing IP. Hey, Judge — what’s the big problem with that approach? Give the IP holder the rights to its property! Is that a novel concept in the US legal system? Or perhaps it does not do enough to undo perceived “xenophobia in American courts”? How about we just stick to the rules?

    1. Bravo! Excellent tale on the situation.

      And the “xenophobia in American courts” thing is based on a flawed study by an amateur researcher. The problem is not that juries discriminate against Korean and Japanese plaintiffs. It’s that Korean and Japanese business tactics have always included bullying and intimidation, including the filing of baseless lawsuits. These baseless lawsuits tend to get dismissed, producing the appearance of bias in American juries.

    2. Apparently, as long as you’re not dead, the harm isn’t irreparable and Samsung is OK to keep stealing your blood.

      It’s Apples IP. That’s not in question. The only question is, can someone else use it. No is a possible answer, I guess.

  5. Press On Apple!

    I like the idea of giving Samsung nightmares and hemorrhoids in the middle of the night.

    Bring it on ScamScum. You know what you are better than anyone. You know what you DESERVE better than anyone. Make it happen. I’ll help. 😈

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