Apple Files Appeal in First Samsung Patent Trial

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Apple may have won decisively in its first U.S. patent infringement trial with Samsung, but that hasn't stopped the iPhone and iPad maker from filing its own appeal in the case. Apple is hoping to score a reversal on Judge Lucy Koh's refusal to grant a permanent injunction blocking the sale of infringing Samsung smartphones and tablets.

Apple files appeal in patent infringement win against SamsungApple files appeal in patent infringement win against Samsung

"A notice of appeal always has the broadest scope, but in a complex case like this, appellants typically later focus on a limited number of key issues," Florian Mueller of FOSS Patents said. "I think it's reasonably likely that Apple will try again to obtain an injunction."

Judge Koh rejected Apple's request for an injunction, and then again after an Appeals Court said she should reconsider her ruling. At question was whether or not a study showed Apple lost money and sales because Samsung's smartphones and tablets offered the features based on patent-protected technology. The Appeals Court felt it was possible, but Judge Koh said the results didn't show Apple was suffering irreparable harm.

"[The] survey does not provide a way to directly compare consumers' willingness to pay for particular features to the overall value of the infringing devices," she said.

Apple was handed a big win is August 2012 when a Jury said Samsung was infringing on several of the company's patents. They awarded Apple over US$1 billion in damages -- a figure that was later reduced to more than $900 million because of improperly calculated values.

What Apple didn't get was an injunction, and that had the potential to be more valuable than cash in this case. Since the two companies are squaring off again at the end of March for a second patent infringement trial, an injunction would've been a powerful tool to take into court to show Samsung's history of stealing Apple technology for its own Android-based smartphones and tablets.

Considering the varying interpretations of the study, there isn't any guarantee Apple will win its appeal for an injunction. Considering the value it holds for the company in future cases, despite the fact that many of the Samsung devices aren't available any more, it isn't any surprise that Apple's attorneys are still pushing to keep the possibility of an injunction alive.

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This injunction is a big thing for Apple even though many of the devices it would block aren't sold any more. It'a about showing a history of Samsung patent infringement, and that's a valuable weapon to take into the court room.



Does their appeal put their $900 in damages at risk?

Or is that “chump change” to Apple when compared to protecting their IP—and benefitting from it?


I think Apple only cares about banning Samsung products. Money has never been Apple’s objective in these suits, they want to drive Samsung Mobile out of business.


Apple actually wants to drive Samsung out of the copying business. While I don’t like the idea of product bans; the courts should make Samsung remove the infringing features from their products. They should be fined heavily for not doing so. They should pay Apple handsomely for every offending device sold.


What infringing features are still in Samsung products? I know of none.

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