or Connect
AppleInsider › Forums › General › General Discussion › Apple seeks Samsung product ban, retrial in second California lawsuit
New Posts  All Forums:Forum Nav:

Apple seeks Samsung product ban, retrial in second California lawsuit

post #1 of 48
Thread Starter 
In two separate court filings on Friday, Apple lodged a motion for a permanent U.S. injunction on Samsung products found in infringement of certain utility patents by a jury earlier in May, while requesting a retrial of the same case.

Samsung Design Europe 2009 iPhone copy doc


As it did in its first California action against Samsung in 2012, Apple is looking to leverage a jury's recent decision to net a permanent injunction of Samsung devices found in infringement of three patents. The company is also requesting a complete retrial of the damages case that ended in a $119.6 million award, much less than the $2.2 billion Apple was seeking.

On the issue of a permanent injunction, Apple is asserting that the continued sales of Samsung's infringing products would cause the company irreparable harm that cannot be remedied with monetary damages.

As noted by FOSS Patents' Florian Mueller, even if Apple wins an injunction, Samsung will likely be able to apply quick workarounds to skirt infringed patent claims.

Further, Apple v Samsung presiding Judge Lucy Koh already denied an injunction in the first California case, saying Apple's evidence did not sufficiently prove irreparable harm. Considering the current injunction is based on a similar piece of evidence, namely a conjoint consumer survey conducted by MIT professor John Hauser, the granting of an injunction from Koh would be surprising.

As for Apple's bid for a retrial, the company entered a motion for judgment as a matter of law (JMOL) seeking an order that additional Samsung products infringe certain patents, treble damages of the largest damages decision awarded by the jury or, in lieu of the previous, a complete retrial.

Described below in the 54-page filing, the request for a retrial applies to proposed motions for Samsung product injunctions and higher damages payouts relating to found infringed patents. These include the '647 data detectors, the '721 patent for "slide-to-unlock" functionality and the '172 patent for text prediction.

In addition, the filing states that "Samsung's improper and prejudicial statements to the jury warrant a new trial on infringement for the '414 and '959 patents (in the event that the Court does not grant JMOL of infringement), a new trial on willfulness for all patents other than the '721 patent (and also other than the '647 patent if the Court grants JMOL of willfulness for that patent), and a new trial on damages for all five of Apple's asserted patents."

While unlikely to be granted, Apple's last request seems to illustrate the company's displeasure of the jury's $119.6 million decision. The action contrasts a decidedly positive statement Apple issued after the verdict was handed down earlier this month.

Finally, Samsung also filed its own JMOL on Friday and, while the documents are sealed, Mueller believes the company is looking to reverse some or all of the jury's findings.



post #2 of 48
"Apple. A hard one to stop."
post #3 of 48
Stick it to those serial patent infringing, copyists. Seek true justice no matter the cost. Peace is only possible when we have true justice.
post #4 of 48
A jury has already assessed the nature and severity of the infringements and awarded commensurate damages - which fall way, way short of what you might expect if they had thought they amounted to irreparable harm. Apple are trying to fly a kite with this one and and I don't think it's going to get aloft.
post #5 of 48
The problem samsung's employees are lair about their stupid attitude with shitty galaxy smartphones. I don't trust bad samsung employees. So they should getting a pink slip for their job for stealing from apple and blackberry patents. The South Korea government are getting bust for stealing from America company by their shit samsung company
post #6 of 48
I hate crappy Chinese android phones hardware. This world are pain butts with crappy android smartphone hardware with lousy removable batteries. The samsung smartphone are not good quality. The blackberry should to sue Samsung long time ago about blackjack smartphones because the samsung did copying and cheating from blackberry patents.
post #7 of 48
I thought there was some talk last week of Samsung & Apple finding some agreement on patent issues. I guess that didn't amount to much..
post #8 of 48
Who didn't see this coming? Samsung will be dragged into court interminably until they settle on Apple's terms. Never happen, you say? Then get ready for the modern equivalent of Jarndyce and Jarndyce.

http://en.m.wikipedia.org/wiki/Jarndyce_and_Jarndyce
post #9 of 48
Quote:
Originally Posted by Taniwha View Post
 


Funny isn't it. Living in Germany I don't trust american companies at all .. they are all a pack of lying spies.

Other US and Germany companies are corrupted.. Apple isn't, what's your point?

 

Apple did not invent those great things..they're system did, inventors choose Apple over other companies because they trust them,

Not every American are the same just like not every German are Hitler. 

 

 

 

Reply

 

 

Reply
post #10 of 48
Quote:
Originally Posted by Taniwha View Post

Quote:
Originally Posted by tastowe View Post

The problem samsung's employees are lair about their stupid attitude with shitty galaxy smartphones. I don't trust bad samsung employees. So they should getting a pink slip for their job for stealing from apple and blackberry patents. The South Korea government are getting bust for stealing from America company by their shit samsung company


Funny isn't it. Living in Germany I don't trust american companies at all .. they are all a pack of lying spies.

You should check out the sordid criminal history of German companies some time -- even excluding the early-to-mid 20th century.

I am sure it will make you proud to live there.
post #11 of 48
Quote:
Originally Posted by cnocbui View Post

A jury has already assessed the nature and severity of the infringements and awarded commensurate damages - which fall way, way short of what you might expect if they had thought they amounted to irreparable harm. Apple are trying to fly a kite with this one and and I don't think it's going to get aloft.

I like how Android enthusiasts contempt for the jury and the court turned on a dime as soon as Samsung was given a pass despite being found guilty of willfully infringing a series of patents. Apple as just as much right to appeal as any of the infringing companies do. It's just the legal system at work. 

post #12 of 48

Now that Apple and Google are frenemy-ish again, it's time to drop the hammer on Samsung.

How do you say "smackdown" in Korean?

Sent from my iPhone Simulator

Reply

Sent from my iPhone Simulator

Reply
post #13 of 48
Quote:
Originally Posted by SockRolid View Post

Now that Apple and Google are frenemy-ish again, it's time to drop the hammer on Samsung.
How do you say "smackdown" in Korean?
Good for you. How to smack down in Korean?
post #14 of 48
Why the google did to buy samsung phone maker vendor? I have reason want know about google did to buy samsung phone maker vendor.
post #15 of 48
Quote:
Originally Posted by tastowe View Post


Good for you. How to smack down in Korean?

 

Me good.  You good to?

Sent from my iPhone Simulator

Reply

Sent from my iPhone Simulator

Reply
post #16 of 48
Quote:
Originally Posted by SockRolid View Post
 

How do you say "smackdown" in Korean?

 

스맥 다운

 

web translation, so I take no responsibility if it's incorrect.:smokey: 

post #17 of 48
The Verizon phone carrier is lousy phone services because the Verizon's employees did May the customers to buy their samsung android phones. So I don't like Verizon phone carrier.
post #18 of 48
Quote:
Originally Posted by tastowe View Post

I am going hate you all because you did rude to me and hate apple

Chinese cheap crap android phones s***. always copy Apple and infringe Apple patents. i want all android phone ugly s*** fans out of the appleinsider too!!!!!!
Edited by cali - 5/24/14 at 6:15pm
post #19 of 48
It seems that once again the legal system is out of kilter with reality; Samsung can copy, infringe, cheat, lie, steal and all it gets is damages a mere fraction of the profits it makes from selling the infringing devices in meantime. The court system really should wok better than this.
post #20 of 48
Give it a break Apple. You should have sued Google when u had the chance. The OS is what was essentially copied not the hardware.
Stop being greedy Apple.
 
Where's the new Apple TV?
Reply
 
Where's the new Apple TV?
Reply
post #21 of 48
Quote:
Originally Posted by pazuzu View Post

Give it a break Apple. You should have sued Google when u had the chance. The OS is what was essentially copied not the hardware.
Stop being greedy Apple.

When Samsung declaring bankruptcy and takes they're last breath i hope Apple comes and takes that from them too!

 

Before you start worrying about Shamesung..you need to do some research and find out what kinda company Samsung really is..    

 

 

Reply

 

 

Reply
post #22 of 48

Apple nor Sammy can innovate anything due to the lawsuits so I'm on my way out. Tired of the BS between Apple and Sammy. Off to Windows.

Peace out peeps.

 

Oh, I have a new 5S and 13" Macbook Pro for sell....Haha

post #23 of 48
I want to shutdown the appleinsider web sites because the appleinsider is too much violate between apple and android. It web sites are not belong to android world. This is big mistake the samsung should have it web sites. The apple are going to banned it web sites because samsung fanboys are did stealing appleinsider web sites. The appleinsider should to rename samsunginsider. The apple fans and I should to lleave the appleinsider sites. Don't me wrong.
post #24 of 48
Quote:
Originally Posted by Grey Silvy View Post
 

           

that does say it all.. job well done my friend.

post #25 of 48

I know a few apple product owners, and they are saying the same thing as me, "enough already apple" just get on with making the best products and software, we don't care what samsung, windows, or anyone else are doing.. End of story.

post #26 of 48
Quote:
Originally Posted by iMember View Post
 

 

 

You need to edit your posts or eventually you gonna get banned, you can't swear or insult others on this forum, yes are many Android "Shamesung" fans here but be smarter or they win  

Thanks. Edited.

post #27 of 48

"I know a few apple product owners, and they are saying the same thing as me, "enough already apple" just get on with making the best products and software, we don't care what samsung, windows, or anyone else are doing.. End of story."

 

You do realize Apple is not pursuing Samsung to make you or anybody else happy outside of its shareholders and employees?

 

If all you care about is Apple's next great product, I suggest you stop clicking on these stories and focus on the product release events, such as the WWDC coming up.  That way you can be happy with Apple all you want! 

post #28 of 48

Originally posted by Marvin

Even if [the 5.5” iPhone exists], it doesn’t deserve to.
Reply

Originally posted by Marvin

Even if [the 5.5” iPhone exists], it doesn’t deserve to.
Reply
post #29 of 48
Quote:
Originally Posted by Corrections View Post
 

I like how Android enthusiasts contempt for the jury and the court turned on a dime as soon as Samsung was given a pass despite being found guilty of willfully infringing a series of patents. Apple as just as much right to appeal as any of the infringing companies do. It's just the legal system at work. 

So is Florian shilling for the other side now or he is off on his own? His latest article slams Apple pretty hard on points he previously defended pretty strongly. 

http://www.fosspatents.com/2014/05/apple-requests-retrial-of-samsung.html

Quote:
  The $2.2 billion damages claim was absolutely ridiculous, yet Judge Koh allowed Apple to present it to the jury.
...
The jury basically had to arrive at its damages figure in a parallel universe in which everything was painted in a light way too favorable for Apple, not in the harsh light of reality, in which Apple's patents are far less valuable than the company claims. 
...
if anyone was prejudiced, it was Samsung, not Apple, for the reasons I outlined before.

 

And if that wasn't crazy enough, ends with...

Quote:
 Thereafter, there may be a retrial -- but in the meantime the parties will probably settle because this litigation has become a waste of resources.

 

...Seriously? 

I'm not a pessimist. I'm an optimist, with experience.
Reply
I'm not a pessimist. I'm an optimist, with experience.
Reply
post #30 of 48
Quote:
Originally Posted by anantksundaram View Post
 
Quote:
Originally Posted by Taniwha View Post
 
Quote:
Originally Posted by tastowe View Post

The problem samsung's employees are lair about their stupid attitude with shitty galaxy smartphones. I don't trust bad samsung employees. So they should getting a pink slip for their job for stealing from apple and blackberry patents. The South Korea government are getting bust for stealing from America company by their shit samsung company


Funny isn't it. Living in Germany I don't trust american companies at all .. they are all a pack of lying spies.

You should check out the sordid criminal history of German companies some time -- even excluding the early-to-mid 20th century.

I am sure it will make you proud to live there.


You are not seriously suggesting that american companies are in any way more ethical ?? Get real.

 

I am not going to rise to the bait regarding historical evils, but if you want to go down that road look at colonial history, ask the Native americans, look at the spanish/portugese colonization history in south america and so on.

 

My point is another one and relates to current geopolitical policies and events. In this respect I don't need to "defend" the germans. I did chose to live and work here, and I did chose not, for any reason, to live or work in the US of A. In terms of modern democratic society and the rule of law, the germans have a pretty good track record. (arguably because they actually LEARNED from the mistakes of the past under Hitler and the Stasi etc).

 

If you recall what I originally said it was that I do not TRUST any american companies. There are good reasons for that because of the US exceptionalism in regard to their dealings with other countries and cultures. Look at the NSA topic. The US seems to think that US laws give them the right to break the laws of other countries, including their "friends" and "allies" with impunity. This mindset is the PRODUCT of the american arrogance and exceptionalism which has been so embarrassingly exposed in the last year or so. But the worst aspect is that US companies can be forced by the US government to spy on their partners and customers, and are protected by US law from the consequences of doing so. That is what destroys the foundation of trust. If I KNOW that a partner can be compelled to lie to me and if I KNOW that he may be prohibited by law from telling the truth ... then there is no possibility to trust them.

 

Simple really. And that's why I prevent our company from doing business with american companies wherever possible. In the EU we have clearly better constitutional rights protection and much better protection of privacy than in the US .. even though it's by no means the best that we could have.

post #31 of 48
Quote:
Originally Posted by Corrections View Post
 

I like how Android enthusiasts contempt for the jury and the court turned on a dime as soon as Samsung was given a pass despite being found guilty of willfully infringing a series of patents. Apple as just as much right to appeal as any of the infringing companies do. It's just the legal system at work. 

I hope you weren't inferring that I am an Android enthusiast, If so you are mistaken as I have never owned a phone that runs Android.

 

I was just stating my opinion that Apple clearly do not have any valid basis for claiming irreparable harm.  With 150 Billion sloshing around in the bilges and with the obvious dominant success they are having in the US market - highlighted by an abundance of articles you have penned - It would make any idiot wonder what 'irreparable' meant when the company claiming it was clearly top dog.  The claim of 'irreparable harm' is pure BS.

 

Of course Apple have a right to appeal, but the apocryphal tale of the boy who cried wolf makes me doubt whether it's a wise thing to do.

post #32 of 48
Quote:
Originally Posted by cnocbui View Post

I hope you weren't inferring that I am an Android enthusiast, If so you are mistaken as I have never owned a phone that runs Android.

I was just stating my opinion that Apple clearly do not have any valid basis for claiming irreparable harm.  With 150 Billion sloshing around in the bilges and with the obvious dominant success they are having in the US market - highlighted by an abundance of articles you have penned - It would make any idiot wonder what 'irreparable' meant when the company claiming it was clearly top dog.  The claim of 'irreparable harm' is pure BS.

Of course Apple have a right to appeal, but the apocryphal tale of the boy who cried wolf makes me doubt whether it's a wise thing to do.

The boy who cried wolf? Sammy stole from Apple. There's no denying that. Apple was then competing against its own tech. How can that not do harm to Apple?
post #33 of 48
Product bans are not in the best interest of the consumer market at least that was the excuse Obama's administration gave when they declined to ban infringing products by Apple so turn about is fair play.

Apple has been compensated based on the supposed harm and yet Apple has neither balls or backing to go after ALL Android OEM's or Google for the same alleged infringement. Swipe to unlock and rubber band effect are part of the Android OS not Samsung's implementation of the OS.

Improving upon your products should be how you differentiate and grow market share. Perpahs Samsung should Sue everyone else for copying the 5.0" Phablet sizes that all and Apple are going to be offering. After all before the Galaxy Note no phone was over 5.2" and then after everyone started to and now Apple is going to and its been proven they are copying Samsung to get that market. So who is copying who.
post #34 of 48
Quote:
Originally Posted by RaptorOO7 View Post

Product bans are not in the best interest of the consumer market at least that was the excuse Obama's administration gave when they declined to ban infringing products by Apple so turn about is fair play.

Apple has been compensated based on the supposed harm and yet Apple has neither balls or backing to go after ALL Android OEM's or Google for the same alleged infringement. Swipe to unlock and rubber band effect are part of the Android OS not Samsung's implementation of the OS.

Improving upon your products should be how you differentiate and grow market share. Perpahs Samsung should Sue everyone else for copying the 5.0" Phablet sizes that all and Apple are going to be offering. After all before the Galaxy Note no phone was over 5.2" and then after everyone started to and now Apple is going to and its been proven they are copying Samsung to get that market. So who is copying who.

Don't confuse SEP with non-SEP. how can one differentiate its products if the other guys are allowed to keep copying? Apple made deals with HTC and now Moto.

I won't even discuss the absurdity of the size comment.
post #35 of 48
Quote:
Originally Posted by jungmark View Post


The boy who cried wolf? Sammy stole from Apple. There's no denying that. Apple was then competing against its own tech. How can that not do harm to Apple?


The harm has been addressed by a Jury.   Given the amount awarded I doubt they thought the harm was irreparable.  Do you honestly believe, given Apple's continued immense success in the marketplace, that the degree of harm amounts to irreparable?

post #36 of 48
Quote:
Originally Posted by Grey Silvy View Post

Apple nor Sammy can innovate anything due to the lawsuits so I'm on my way out. Tired of the BS between Apple and Sammy. Off to Windows.
Peace out peeps.

Oh, I have a new 5S and 13" Macbook Pro for sell....Haha
I'll make sure the door hits your ass on the way out. Growing from iOS and OSX to Windows? LOL!!!
post #37 of 48
Quote:
Originally Posted by RaptorOO7 View Post

Product bans are not in the best interest of the consumer market at least that was the excuse Obama's administration gave when they declined to ban infringing products by Apple so turn about is fair play.

Apple has been compensated based on the supposed harm and yet Apple has neither balls or backing to go after ALL Android OEM's or Google for the same alleged infringement. Swipe to unlock and rubber band effect are part of the Android OS not Samsung's implementation of the OS.

Improving upon your products should be how you differentiate and grow market share. Perpahs Samsung should Sue everyone else for copying the 5.0" Phablet sizes that all and Apple are going to be offering. After all before the Galaxy Note no phone was over 5.2" and then after everyone started to and now Apple is going to and its been proven they are copying Samsung to get that market. So who is copying who.

 

Umm, no.

 

What's the point in going after companies like HTC who aren't even making money?  Samsung is the ONLY company making profits on mobile, beyond Apple.  Together they account for 106% of worldwide mobile profits.  So that means that ALL THE OTHER COMPANIES COMBINED are losing money.  Combined.

 

There's no point suing them, as they have nothing to begin with.  

post #38 of 48
Quote:
Originally Posted by AaronJ View Post

Umm, no.

What's the point in going after companies like HTC who aren't even making money?  Samsung is the ONLY company making profits on mobile, beyond Apple.  Together they account for 106% of worldwide mobile profits.  So that means that ALL THE OTHER COMPANIES COMBINED are losing money.  Combined.

There's no point suing them, as they have nothing to begin with.  

To prevent them from becoming Samsung, or do you foolishly believe that things will stay the same as they are now?
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
post #39 of 48
Quote:
Originally Posted by dasanman69 View Post


To prevent them from becoming Samsung, or do you foolishly believe that things will stay the same as they are now?

 

It's a saturated market already.  And I've seen absolutely zero evidence that HTC or Moto or whoever is going to make any real strides.

 

And let's face it, no one's going to become the next Samsung.  

post #40 of 48
Quote:
Originally Posted by AaronJ View Post

It's a saturated market already.  And I've seen absolutely zero evidence that HTC or Moto or whoever is going to make any real strides.

And let's face it, no one's going to become the next Samsung.  

It's a saturated market but with a short product life cycle. Another company can easily turn the tide in a year.
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: General Discussion
AppleInsider › Forums › General › General Discussion › Apple seeks Samsung product ban, retrial in second California lawsuit