Apple seeks Samsung product ban, retrial in second California lawsuit

Posted:
in General Discussion edited May 2014
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.



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Comments

  • Reply 1 of 84
    philboogiephilboogie Posts: 7,391member
    "Apple. A hard one to stop."
  • Reply 2 of 84
    Stick it to those serial patent infringing, copyists. Seek true justice no matter the cost. Peace is only possible when we have true justice.
  • Reply 3 of 84
    cnocbuicnocbui Posts: 3,613member
    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.
  • Reply 4 of 84
    tastowetastowe Posts: 108member
    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
  • Reply 5 of 84
    taniwhataniwha Posts: 347member
    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.

  • Reply 6 of 84
    tastowetastowe Posts: 108member
    taniwha wrote: »

    Funny isn't it. Living in Germany I don't trust american companies at all .. they are all a pack of lying spies.
    So what I say you are busted with your shitty android phones. I don't trust your stupid mouth. I hate crappy android phones hardware. So **** you duke
  • Reply 7 of 84
    tastowetastowe Posts: 108member
    I don't want any android fanboys dukes not allow in the appleinsider because they are lousy mouth.
  • Reply 8 of 84
    tastowetastowe Posts: 108member
    tastowe wrote: »
    So what I say you are busted with your shitty android phones. I don't trust your stupid mouth. I hate crappy android phones hardware. So **** you duke
  • Reply 9 of 84
    singularitysingularity Posts: 1,329member
    tastowe wrote: »
    tastowe wrote: »
    So what I say you are busted with your shitty android phones. I don't trust your stupid mouth. I hate crappy android phones hardware. So **** you duke
    The google company are big brother spies at you with your android phone. So shut up duke.
    and this year's award for missing reality goes to....
  • Reply 10 of 84
    tastowetastowe Posts: 108member
    taniwha wrote: »

    Funny isn't it. Living in Germany I don't trust american companies at all .. they are all a pack of lying spies.
    The google company are big brother spies at you with your android phone. So shut up duke. The google is America too.
  • Reply 11 of 84
    taniwhataniwha Posts: 347member
    Quote:

    Originally Posted by tastowe View Post

     
    Quote:

    Originally Posted by tastowe View Post



    So what I say you are busted with your shitty android phones. I don't trust your stupid mouth. I hate crappy android phones hardware. So **** you duke



    Brainless texan shitheads are quite amusing. But you can't trust them .. just laugh at them and screw them where it hurts :-)

  • Reply 12 of 84
    tastowetastowe Posts: 108member
    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.
  • Reply 13 of 84
    phone-ui-guyphone-ui-guy Posts: 1,018member
    I dislike mindless polarizing banter on Internet forums.
  • Reply 14 of 84
    emrulemrul Posts: 26member
    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..
  • Reply 15 of 84
    tastowetastowe Posts: 108member
    I dislike mindless polarizing banter on Internet forums.
    I am agree about stupid mindless android fanboys on the appleinsider. So I am total piss off at google with crappy phone maker vendors.
  • Reply 16 of 84
    The comments are priceless today.
  • Reply 17 of 84
    sacto joesacto joe Posts: 621member
    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
  • Reply 18 of 84
    imemberimember Posts: 247member
    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 19 of 84
    Quote:

    Originally Posted by tastowe View Post





    I am agree about stupid mindless android fanboys on the appleinsider. So I am total piss off at google with crappy phone maker vendors.

     

    Just STFU. You're just as annoying as the anti-Apple trolls that regularly come here. Do you think that because you bash Android and like Apple that we'll put up with you?

  • Reply 20 of 84
    jungmarkjungmark Posts: 6,547member
    Just STFU. You're just as annoying as the anti-Apple trolls that regularly come here. Do you think that because you bash Android and like Apple that we'll put up with you?

    Amen. I think it's the grammar more that the thoughts that irritate me. :)
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