Apple, Samsung Product Ban Hearing Set for August 9

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Apple and Samsung are scheduled to appear in U.S. Federal Appeals Court on August 9 over a product ban Apple wants to see enforced. The ban includes 13 Samsung Android-based devices that were included in a sales injunction that Judge Lucy Koh denied.

Apple to push for Samsung smartphone injunction on August 9Apple to push for Samsung smartphone injunction on August 9

The product injunction came as part of Apple and Samsung's big patent infringement fight in the United States last August. Apple scored a big win in the trial with a jury ruling it didn't infringe on any of Samsung's patents, while at the same time ruling that Samsung infringed on a long list of Apple mobile device patents.

The jury also awarded Apple over US$1 billion in damages, although part of that was tossed out because the monetary values attached to certain Samsung devices was improperly calculated. The two companies are set to appear in court this November to determine what Apple is owed for that part of its damages award.

The product sale embargo Apple has been seeking relates primarily to older Samsung devices, many of which aren't available for sale any more. That said, the August court date will be strikingly important in Apple and Samsung's ongoing patent infringement fight. Florian Mueller of FOSS Patents stated,

August 9 will be the most important Apple v. Samsung event in a long time -- in fact, since last summer's jury trial, and it's arguably even more important because whatever Apple achieved at last year's trial is meaningless without useful, forceful remedies.

Samsung will continue to back up Judge Koh's ruling shooting down the injunction, while Apple will argue that the injunction is an important part of its case. For her part, Judge Koh said that the only a few of the features on Samsung's devices infringe on Apple's patents, and therefore shouldn't be subject to a sales and import ban.

Until Apple can get some sort of remedy in place -- in the form of an injunction or monetary damages -- its big win last August is mostly symbolic. Samsung is still selling products that Apple feels infringe on its patents, and so far hasn't been required to hand over any money to Apple.

Comments

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Samsung needs to enforce the US ITC’s ban on Apple products that infringe on Samsung’s 3G technology.

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