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Apple appeals ruling that shot down Samsung injunction

post #1 of 11
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In a court filing on Thursday, Apple announced its intent to appeal a ruling handed down from Apple v. Samsung Judge Lucy Koh denying a Samsung product ban, saying that the issue will be taken to the U.S. Court of Appeals.

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According to the document, first discovered by CNET after being entered into record early Thursday, Apple is giving the Court notice that it has begun the process of filing an appeal to the U.S. Court of Appeals for the Federal Circuit.

In a pair of rulings on Monday, Apple v. Samsung Judge Lucy Koh denied Apple's post-trial motion for a permanent injunction against 26 Samsung phones and shot down Samsung's request for a retrial over jury misconduct allegations.

As for the Apple ruling, Judge Koh said that she found no causal link that justifies an injunction against the devices a jury found to have infringed on Apple-held design and utility patents. She went on to say that it would not be in the public's best interest to halt Samsung handset sales when only a limited number of features in the complex handsets were found to in infringement.

"Apple must have lost these sales because Samsung infringed Apple?s patents," Judge Koh wrote in Monday's order. "Apple has simply not been able to make this showing."

Apple's notice comes a day after Samsung filed a document informing the court that the U.S. Patent and Trademark Office invalidated the Cupertino, Calif., company's "pinch to zoom" patent, a key property leveraged to reach the $1.05 billion decision in August.

Judge Koh is set to make determinations on other post trial motions in the coming days, one of the most important being a ruling on damages. Apple wants to see an increase in the payout while Samsung wants them cut down by hundreds of million of dollars.

post #2 of 11

This was to be expected. Apple obviously intends to keep bringing the heat. This is, after all, thermonuclear war.   :)

post #3 of 11

With at least two of the patents in question preliminarily invalidated, this seem like an up hill battle now.....

post #4 of 11
Quote:
Originally Posted by Quadra 610 View Post

This was to be expected. Apple obviously intends to keep bringing the heat. This is, after all, thermonuclear war.   :)

 

Looking ever more and more like trench warfare.

post #5 of 11
Quote:
Originally Posted by sranger View Post

With at least two of the patents in question preliminarily invalidated, this seem like an up hill battle now.....


That's not really a final thing. It's just reported on in a way that doesn't make sense to most readers.

post #6 of 11
Quote:
Originally Posted by sranger View Post

With at least two of the patents in question preliminarily invalidated, this seem like an up hill battle now.....

Prelim is not final. And there are often time limits to filing appeals so things don't drag out for ages. So if Apple waits for final clearance to file they may find they can't

A non tech's thoughts on Apple stuff 

(She's family so I'm a little biased)

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A non tech's thoughts on Apple stuff 

(She's family so I'm a little biased)

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post #7 of 11
Quote:
Originally Posted by charlituna View Post


Prelim is not final. And there are often time limits to filing appeals so things don't drag out for ages. So if Apple waits for final clearance to file they may find they can't


Apple has exactly 2 months to appeal or the "prelim" becomes final.

 

Final or not, its not a good first step.

 

The entire trial hinged on a few patents. But now those patents are being questioned for validity.

 

Therefore, this will be grounds for a retrial.

 

Like was mentioned before, Apple faces an uphill battle with this one.

"Like I said before, share price will dip into the $400."  - 11/21/12 by Galbi

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"Like I said before, share price will dip into the $400."  - 11/21/12 by Galbi

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post #8 of 11

Confucius said: Before You Embark On A Journey Of Revenge, Dig Two Graves.
For revenge is a two sided sword. It destroys all, and spares none.

 

I don't think these patent disputes are going to bear any fruit, ultimately.
 

post #9 of 11

I've been following the Apple Samsung cases with far too much interest & can safely say I'm getting rather bored of it now.  Does anyone think kiss & make up time is likely to happen anytime soon?

post #10 of 11
Originally Posted by whatever71 View Post
Does anyone think kiss & make up time is likely to happen anytime soon?

 

Of course not.

Originally Posted by Slurpy

There's just a TINY chance that Apple will also be able to figure out payments. Oh wait, they did already… …and you’re already f*ed.

 

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Originally Posted by Slurpy

There's just a TINY chance that Apple will also be able to figure out payments. Oh wait, they did already… …and you’re already f*ed.

 

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post #11 of 11

Apple has 62 lawyers working on the appeal, spread across 5 outside law firms. Hardly seems enough.1bugeye.gif

melior diabolus quem scies
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melior diabolus quem scies
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