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Apple seeks preliminary injunction against Samsung devices in post-trial motion

post #1 of 60
Thread Starter 
Following its significant court win over Samsung on Friday, Apple is seeking a preliminary injunction against the devices found to be infringing on the company's patents, citing "irreparable harm" if the units were to stay on sale.

Apple v. Samsung presiding Judge Lucy Koh scheduled a hearing for Sept. 20 to discuss Apple's proposal for a preliminary injunction against the devices a jury found to be infringing on numerous design and software patents. The ruling amounted to a nearly $1.05 billion windfall in damages for Apple.

According to in-court reports from The Verge, Judge Koh said Apple must file its proposal on Aug. 29, with Samsung being granted two weeks to draft a response due Sept. 12. Coincidentally, the response deadline is the same day Apple is rumored to debut the next-generation iPhone at an as-yet-unannounced special event.

Samsung attorney Kevin Johnson said two weeks is not enough to prepare the necessary documents to rebut the coming injunction motion, adding that his request for more time is just about "decency." Despite having other cases scheduled in the coming weeks, Judge Koh partially allowed the request but limited the number of pages each party can file. Before the trial's proceedings, the amount of documents regarding patents, trade dress and exhibits became overwhelming, and the court ordered both parties to winnow their claims in the interest of expediency.

Samsung Galaxy S II
Samsung's Galaxy S II smartphone is one of the devices named as infringing Apple's patents. | Source: Samsung


While the Apple filing should be entered soon, the companies offered responses to the jury's decision, giving two very different views of the outcome. Apple claims the ruling is a message that "stealing isn't right," while Samsung had a more dour take, saying the result "should not be viewed as a win for Apple, but as a loss for the American consumer."
post #2 of 60
…his request for more time is just about "decency."

 

… Someone else can go after this one. lol.gif

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post #3 of 60

this is awesome. if they win this mean SII banned.

 

 


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post #4 of 60

Preliminary injunction? Would this not be a permanent injunction? 


Edited by Jeff1741 - 8/24/12 at 6:59pm
post #5 of 60

Decency? Really? You've just been found guilty of $1 Billion (note Carl Sagan like emphasis) worth of infringement, and now you ask for decency?

post #6 of 60

Boom!  What's that mushroom cloud I see?  Looks Thermonuclear to me...  You getting all this Google?!  Android's next...  

Ten years ago, we had Steve Jobs, Bob Hope and Johnny Cash.  Today we have no Jobs, no Hope and no Cash.

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post #7 of 60
Quote:
Originally Posted by AppleInsider View Post

Following its significant court win over Samsung on Friday, Apple is seeking a preliminary injunction against the devices found to be infringing on the company's patents, citing "irreparable harm" if the units were to stay on sale.
Apple v. Samsung presiding Judge Lucy Koh scheduled a hearing for Sept. 20 to discuss Apple's proposal for a preliminary injunction against the devices a jury found to be infringing on numerous design and software patents. The ruling amounted to a nearly $1.05 billion windfall in damages for Apple.
According to in-court reports from The Verge, Judge Koh said Apple must file its proposal on Aug. 29, with Samsung being granted two weeks to draft a response due Sept. 12. Coincidentally, the response deadline is the same day Apple is rumored to debut the next-generation iPhone at an as-yet-unannounced special event.
Samsung attorney Kevin Johnson said two weeks is not enough to prepare the necessary documents to rebut the coming injunction motion, adding that his request for more time is just about "decency." Despite having other cases scheduled in the coming weeks, Judge Koh allowed the request but limited the number of pages each party can file. Before the trial proceedings, the amount of documents regarding patents, trade dress and exhibits became overwhelming, and the court ordered both parties to winnow their claims in the interest of expediency.
While the Apple filing should be entered soon, the companies offered responses to the jury's decision, giving two very different views of the outcome. Apple claims the ruling is a message that "stealing isn't right," while Samsung had a more dour take, saying the result "should not be viewed as a win for Apple, but as a loss for the American consumer."

The really sad thing about this is that Apple gets 5 days to draft its motion (2 of them on a weekend), then Samsung gets 14 days to draft their motion while Apple only gets 2 days to respond - yet Samsung is whining about decency.

So Apple gets 5 business days and Samsung gets 10.

Decency, indeed.
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post #8 of 60
Quote:
Originally Posted by Rot'nApple View Post

Boom!  What's that mushroom cloud I see?  Looks Thermonuclear to me...  You getting all this Google?!  Android's next...  

ba ha ha ha ha ha ha ha....

BOOOOOOOM

 

Is probably the sound more likely ringing in the ears of SAMESUNG and it's Pimp - Google!

 

YOU'RE ASS JUST GOT SOUNDLY

NUKED!

post #9 of 60

If I were Apple, I'd want Scamscum to write me that $1.05B check right now.  If they don't, interest charges start on day one.  Want to appeal? Sure, go right ahead but that money is due NOW.

When you lose the appeal (and Samescum will lose) then we can tack on attorney's fees too.

This is a happy day, and regardless of the whining, kicking-and-screaming that Samsung is doing right now, it is a good day for the consumer.  Finally, a message is sent to the world that you better make your own stuff and not copy someone else's.

Let's see what Samsung creates next.  However, just like the GS3, they are already b!tching that it is created by "lawyers" so it doesn't look like an iPhone.

post #10 of 60
Here's the summary on Foss Patents - you know, the site that googleguy used to like quoting all the time:
http://www.fosspatents.com

It's odd, though, how he can argue that it's not thermonuclear even if the judgement is upheld on appeal. He says that even if the judgment is upheld and Apple gets and injunction and Samsung has to redesign everything, it's not thermonuclear.

WTF? Apple wins over a billion dollars (possibly more because it was willful). Apple gets a ban on a wide range of Samsung products. Samsung has to redesign most of the rest of their products in a way that will be less appealing to consumers. And that's not thermonuclear? What would it take?
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post #11 of 60
Quote:
Originally Posted by logandigges View Post

this is awesome. if they win this mean SII banned.

Means the Samsung buy 1 get another phone free like the SII will get modified.

post #12 of 60
Quote:
Originally Posted by jragosta View Post

Here's the summary on Foss Patents - you know, the site that googleguy used to like quoting all the time:
http://www.fosspatents.com
It's odd, though, how he can argue that it's not thermonuclear even if the judgement is upheld on appeal. He says that even if the judgment is upheld and Apple gets and injunction and Samsung has to redesign everything, it's not thermonuclear.
WTF? Apple wins over a billion dollars (possibly more because it was willful). Apple gets a ban on a wide range of Samsung products. Samsung has to redesign most of the rest of their products in a way that will be less appealing to consumers. And that's not thermonuclear? What would it take?

He just means they are not locked out of US market and this is just the beginning of the fight.

post #13 of 60
Quote:
Originally Posted by Jeff1741 View Post

Preliminary injunction? Would this not be a permanent injunction? 

It's preliminary until there is an actual trial to determine of it should be permanent. 

 

I think it's going to be a long cold winter for Samsung this Christmas season. Nyuk!  Nyuk! Nyuk! Nyuk!

"That (the) world is moving so quickly that iOS is already amongst the older mobile operating systems in active development today." — The Verge
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post #14 of 60
Quote:
Originally Posted by jragosta View Post


The really sad thing about this is that Apple gets 5 days to draft its motion (2 of them on a weekend), then Samsung gets 14 days to draft their motion while Apple only gets 2 days to respond - yet Samsung is whining about decency.
So Apple gets 5 business days and Samsung gets 10.
Decency, indeed.

Apple's motion will be based on Fact. You need a lot longer to think up a good lie.

"That (the) world is moving so quickly that iOS is already amongst the older mobile operating systems in active development today." — The Verge
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"That (the) world is moving so quickly that iOS is already amongst the older mobile operating systems in active development today." — The Verge
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post #15 of 60
Somewhere deep in the annals of Samsung, the engineer warning Samsung executives that their phone "looks too much like an iPhone" is screaming "TOLD YOU SO!!!"
post #16 of 60

I hope apple wins injunctions against all of the infringe products and that Samsung has to deal with that for the next several years of the appeal process.

post #17 of 60
I'm curious. Has googleguy EVER gone this long without posting anything?
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post #18 of 60
I don't understand why it takes so long to get enforcement after the trial. It seems to me that after a verdict is handed down from the jury, that infringing Samsung products should be banned immediately and that Samsung should have to write a check immediately. Why not? They have been found guilty. If after appeal the decision is changed or overturned then Samsung would be entitled to once again sell the products involved and get their money back from Apple. This is like convicting a serial killer, releasing him, giving him the murder weapon back, and then telling him to come back in couple of weeks so we can discuss maybe sending him to prison. It doesn't make sense...okay, I realize this is not how things work, but it should.

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post #19 of 60

If samsung is so innovative they should have no trouble creating something new and original to compete with. Microsoft did. That would be good for customers. 

post #20 of 60
Quote:
Originally Posted by Jeff1741 View Post

Preliminary injunction? Would this not be a permanent injunction? 

 

It's how the system works.

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post #21 of 60
Quote:
Originally Posted by jragosta View Post


The really sad thing about this is that Apple gets 5 days to draft its motion (2 of them on a weekend), then Samsung gets 14 days to draft their motion while Apple only gets 2 days to respond - yet Samsung is whining about decency.
So Apple gets 5 business days and Samsung gets 10.
Decency, indeed.

 

Samsung was always about double standards.

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post #22 of 60

Samsung should have paid to license the technology when Apple gave them the opportunity  to.

Now that Apple is seeking an injunction against Samsung products violating their patents I feel no remorse for Samsung.   

The products should be banned.

post #23 of 60
Somewhere, Steve is smiling.
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post #24 of 60
Quote:
Originally Posted by dmarcoot View Post

If samsung is so innovative they should have no trouble creating something new and original to compete with. Microsoft did. That would be good for customers. 

Exactly. That's why this ruling is good for consumers. They are fully capable a creating innovative products, and will. They just tried to take a shortcut in the short term by copying to make a quick buck while they were trying to catch up. Nice to know the system works sometimes.
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post #25 of 60
Quote:
Originally Posted by Robin Huber View Post

Somewhere, Steve is smiling.

 

Along with Tim Cook...

 

 

"That (the) world is moving so quickly that iOS is already amongst the older mobile operating systems in active development today." — The Verge
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post #26 of 60

Finally our court system worked! Now only if our government would work just once in a while :-)

post #27 of 60
Quote:
Originally Posted by jragosta View Post

Here's the summary on Foss Patents - you know, the site that googleguy used to like quoting all the time:
http://www.fosspatents.com
It's odd, though, how he can argue that it's not thermonuclear even if the judgement is upheld on appeal. He says that even if the judgment is upheld and Apple gets and injunction and Samsung has to redesign everything, it's not thermonuclear.
WTF? Apple wins over a billion dollars (possibly more because it was willful). Apple gets a ban on a wide range of Samsung products. Samsung has to redesign most of the rest of their products in a way that will be less appealing to consumers. And that's not thermonuclear? What would it take?

 

I don't think it's thermonuclear.  $1 billion is just a slap on the wrist, that's how much they spent to market their products in the U.S. and they made $8 billion. They also won't have to redesign everything because their latest models are still allowed to be sold, and even if they did, the ball has already started rolling and they have enough fans to keep buying their products.  

post #28 of 60

The problem with these court cases is that by the time of the verdict the marketplace has moved on. How many of these models are still on sale?

 

There was a recent court case which resulted in an import ban of a particular Nokia model. Fortunately for Nokia, they stopped manufacturing that model in over three years ago!

post #29 of 60

In my opinion, this is not Apple's thermonuclear win. Not yet. Sure, Samsung got dinged for $1B but they can afford to cover that sum. Samsung's newest models were not included in this case and will have to be tried in a separate case sometime in the future if Apple decides to go down that road. It's a cat-and-mouse really since Samsung comes out with newer products to offset the ones they are being sued over. I would love for Apple to get a permanent injunction against all Samsung products that infringe regardless of their release date. Despite what all the Fandroids say, this is definitely good for consumers and for technological innovation. Consumers will eventually have products that look different and act differently which were designed in-house not copied. This isn't going to destroy Samsung and personally, I don't want that to happen but I DO want Samsung to innovate by using their wealth to create products that are clearly their own. 

post #30 of 60

This begs the question regarding retailers who have been rumored to steer customers away from the iPhone and toward Android/Samsung. There were reports of AT&T sales people doing this. I wonder what the big boys at AT&T, Verizon, Sprint, Best Buy are thinking now. Do they continue the pattern with the possibility that these products will be banned and retuned by angry customers? Or do they let the customer decide what product they want based on unbiased information? Time will tell.

post #31 of 60
Quote:
Originally Posted by Rot'nApple View Post

Boom!  What's that mushroom cloud I see?  Looks Thermonuclear to me...  You getting all this Google?!  Android's next...  

And so you want a future where the only choice is iOS? Looks like that is where Apple is headed.

post #32 of 60
Quote:
Originally Posted by lamewing View Post

And so you want a future where the only choice is iOS? Looks like that is where Apple is headed.

Really? Are you so caught up drinking the Android Koolaid that you can't see the other alternatives like Windows 8 and Blackberry? Neither of those two alternatives are being sued by Apple. They are competing fairly by acquiring the licenses needed from Apple (which Samsung had full opportunity to do as well but refused). Apple is never going to destroy Samsung (or Android) completely nor do I think that is their intention. They just want other phone manufacturers to compete fairly and that just isn't happening today. 

post #33 of 60
Originally Posted by lamewing View Post
And so you want a future where the only choice is iOS? Looks like that is where Apple is headed.

 

In case you didn't see my other post, take a break. The more you trip over your own legs like this, the worse your "arguments" (never had any to begin with) will become until you've lost all credibility even among your Android peers.

 

Come back with some fresh material after the iPhone launch.

 

And by fresh I don't mean, "LOOKS THE SAME APPLE IS DOOMED SAME PHONE FOR THREE YEARS OLOLOLO", of course.

Originally posted by Marvin

Even if [the 5.5” iPhone exists], it doesn’t deserve to.
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Originally posted by Marvin

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post #34 of 60
Quote:
Originally Posted by CanadianDude View Post

Really? Are you so caught up drinking the Android Koolaid that you can't see the other alternatives like Windows 8 and Blackberry? Neither of those two alternatives are being sued by Apple. They are competing fairly by acquiring the licenses needed from Apple (which Samsung had full opportunity to do as well but refused). Apple is never going to destroy Samsung (or Android) completely nor do I think that is their intention. They just want other phone manufacturers to compete fairly and that just isn't happening today. 

1. Don't put words in my mouth.

2. We own a Mac Mini, 2 Apple TVs, 2 iPhone 4's, 1 iPod 5th Gen, 1 iPod Nano 6th gen, 1 Roku XS, 1 Galaxy Nexus, 1 Samsung Focus.

 

I use Win 7 and OSX as well as BOTH iOS and Android, so don't paint some all-or-nothing BS blanket to build some strawman argument. As it stands, Windows Phone 7 is barely 2% of the market and know one really knows if it will expand once Windows Phone 8 is released. Blackberry...really? RIM is on life support at this point thanks to iOS and Android. 

 

Apple claiming those are competition is a joke. Apple's only competition is Android...and mostly led by Samsung. Apple doesn't intend to totally destroy Android? Really? Are you going to keep using that mentality once Apple sues Google directly with the intent to erase it from existence? You can say what you want, but anyone with half a brain can see that Apple has every intention of dominating the market, while removing all the competition. What then? We have another MS for the 21st century.

 

The irony of this is that Samsung is opening (opened or building) an new plant south of here in Austin, TX to build chips for the iPhone. Apple (for better or worse) would be nowhere without Samsung. 

post #35 of 60
Quote:
Originally Posted by lamewing View Post

1. Don't put words in my mouth.
2. We own a Mac Mini, 2 Apple TVs, 2 iPhone 4's, 1 iPod 5th Gen, 1 iPod Nano 6th gen, 1 Roku XS, 1 Galaxy Nexus, 1 Samsung Focus.

I use Win 7 and OSX as well as BOTH iOS and Android, so don't paint some all-or-nothing BS blanket to build some strawman argument. As it stands, Windows Phone 7 is barely 2% of the market and know one really knows if it will expand once Windows Phone 8 is released. Blackberry...really? RIM is on life support at this point thanks to iOS and Android. 

Apple claiming those are competition is a joke. Apple's only competition is Android...and mostly led by Samsung. Apple doesn't intend to totally destroy Android? Really? Are you going to keep using that mentality once Apple sues Google directly with the intent to erase it from existence? You can say what you want, but anyone with half a brain can see that Apple has every intention of dominating the market, while removing all the competition. What then? We have another MS for the 21st century.

Apple does have every intention of dominating the market. That does not mean that they expect to remove all competition. In fact, history suggests that Apple has no problem with competition. They just have a problem when the competition steals their IP rather than coming up with something new.

But feel free to provide evidence to back your claim. After all, you claim that "anyone with half a brain" can see it so the evidence must be there, right? Or maybe you mean it literally - people who come up with these anti-Apple conspiracy theories only have half a brain. Yep, that must be it.
Quote:
Originally Posted by lamewing View Post

The irony of this is that Samsung is opening (opened or building) an new plant south of here in Austin, TX to build chips for the iPhone. Apple (for better or worse) would be nowhere without Samsung. 

Completely unrelated issue. The fact that you're unable to distinguish between the situations suggests that you're not interested in serious discussion, anyway.
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post #36 of 60
Quote:
Originally Posted by lamewing View Post

1. Don't put words in my mouth.

2. We own a Mac Mini, 2 Apple TVs, 2 iPhone 4's, 1 iPod 5th Gen, 1 iPod Nano 6th gen, 1 Roku XS, 1 Galaxy Nexus, 1 Samsung Focus.

 

I use Win 7 and OSX as well as BOTH iOS and Android, so don't paint some all-or-nothing BS blanket to build some strawman argument. As it stands, Windows Phone 7 is barely 2% of the market and know one really knows if it will expand once Windows Phone 8 is released. Blackberry...really? RIM is on life support at this point thanks to iOS and Android. 

 

Apple claiming those are competition is a joke. Apple's only competition is Android...and mostly led by Samsung. Apple doesn't intend to totally destroy Android? Really? Are you going to keep using that mentality once Apple sues Google directly with the intent to erase it from existence? You can say what you want, but anyone with half a brain can see that Apple has every intention of dominating the market, while removing all the competition. What then? We have another MS for the 21st century.

 

The irony of this is that Samsung is opening (opened or building) an new plant south of here in Austin, TX to build chips for the iPhone. Apple (for better or worse) would be nowhere without Samsung. 

Wow! First of all, I can go to any Android forum and state that I own a Galaxy SIII and sixteen Galaxy Nexus phones plus I use Windows 8 and Linux. (see anyone can play that game, it doesn't make them legitimate!). Apple won't sue Google. They have no reason to do so but keep dreaming that they will and maybe, in your warped reality, they will. Do you see Apple suing Nokia or Blackberry or Microsoft? No. Ask yourself why. As far as the new plant goes, please try to get it through your head that there are many different divisions that make up Samsung. They are separate entities even if they fall under the same parent so one division isn't about destroy the manufacturing orders of the other just because of this dispute. Neither company needs the other but they both recognize that their partnership is still bigger than the disagreements.

post #37 of 60
Originally Posted by CanadianDude View Post
Apple won't sue Google.

 

Of course they will.

 

Do you see Apple suing Nokia or Blackberry or Microsoft? No. Ask yourself why.

 

Well, for the first one, they did sue, for the second, RIM isn't even doing ANYTHING to improve their products that they made five years ago, and by the time BlackBerry 10 gets anywhere near a "release" quality, the entire company will be bankrupt, and finally, they're not suing Microsoft because for once in their miserable existence, Microsoft did their own thing! And where Microsoft did NOT do their own thing, they ACTUALLY LICENSED stuff from Apple! There's no reason to sue.

Originally posted by Marvin

Even if [the 5.5” iPhone exists], it doesn’t deserve to.
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Originally posted by Marvin

Even if [the 5.5” iPhone exists], it doesn’t deserve to.
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post #38 of 60
Quote:
Originally Posted by Tallest Skil View Post

 

Of course they will.

 

 

Well, for the first one, they did sue, for the second, RIM isn't even doing ANYTHING to improve their products that they made five years ago, and by the time BlackBerry 10 gets anywhere near a "release" quality, the entire company will be bankrupt, and finally, they're not suing Microsoft because for once in their miserable existence, Microsoft did their own thing! And where Microsoft did NOT do their own thing, they ACTUALLY LICENSED stuff from Apple! There's no reason to sue.

I disagree. First, Nokia sued Apple and Apple countersued (which is standard practice in patent lawsuits, it seems). Regardless, Apple still pays Nokia licensing fees as a result. I think that Apple will continue to go after the manufacturers of Android phones (true, that now includes Google through their purchase of Motorola but that can still be construed as indirect involvement at this point). By going after the manufacturers, Apple can put enough pressure on them to pay licensing fees in the same way that Microsoft does with Android phone manufacturers. It's enough for Apple to make Android too expensive for Samsung et al. to use which ultimately serves the same purpose as suing Google in the first place. I do agree with your Microsoft analysis and that licensing is what I was referring to in my previous post. 

post #39 of 60
CanadianDude, it's so simple. Gadget freaks go after latest hottest devices while brand name cultists they locked on previous brand even when it has 3G when everyone has 4G and 4G when everyone on LTE. Apple intention to dominate is clear because it's what every corporation is dreaming about. They go with small steps after the google. But US court can rule only over US market thus cannot kill as some suggest. Apple has no chances to score same win in EU because unlike US court who's guarding corporations EU court is focused on consumers and their protection. Remember Microsoft? Samsung victory over Apple in Korean court made me lol. Same fail jurisdiction system.
post #40 of 60
Quote:
Originally Posted by Andrey View Post

They go with small steps after the google.

What a splendid idea.
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