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

AppleInsiderAppleInsider
Posted:
in General Discussion edited January 2014
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."
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Comments

  • Reply 1 of 59
    tallest skiltallest skil Posts: 43,388member


    …his request for more time is just about "decency."


     


    … Someone else can go after this one. image

  • Reply 2 of 59
    logandiggeslogandigges Posts: 399member


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

  • Reply 3 of 59
    jeff1741jeff1741 Posts: 2member


    Preliminary injunction? Would this not be a permanent injunction? 

  • Reply 4 of 59
    maccaguymaccaguy Posts: 70member


    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?

  • Reply 5 of 59
    rot'napplerot'napple Posts: 1,839member


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

  • Reply 6 of 59
    jragostajragosta Posts: 10,473member
    AppleInsider wrote: »
    <vc><strong>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.</strong>
    <em>Apple v. Samsung</em> presiding Judge Lucy Koh scheduled a hearing for Sept. 20 to discuss Apple's proposal for a preliminary injunction against the devices a <a href="http://www.appleinsider.com/articles/12/08/24/jury_reaches_verdict_in_apple_v_samsung_trial.html">jury found</a> 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 <a href="http://www.theverge.com"><em>The Verge</em></a>, 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 <a href="http://www.appleinsider.com/articles/12/07/04/apple_samsung_pare_down_patent_claims_ahead_of_trial.html">winnow</a> 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.
  • Reply 7 of 59
    dogchop99dogchop99 Posts: 35member

    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!

  • Reply 8 of 59
    sflocalsflocal Posts: 6,093member


    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.

  • Reply 9 of 59
    jragostajragosta Posts: 10,473member
    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?
  • Reply 10 of 59
    minnesota_steveminnesota_steve Posts: 109member

    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.

  • Reply 11 of 59
    minnesota_steveminnesota_steve Posts: 109member

    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.

  • Reply 12 of 59
    macky the mackymacky the macky Posts: 4,801member

    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!

  • Reply 13 of 59
    macky the mackymacky the macky Posts: 4,801member

    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.

  • Reply 14 of 59
    sflocalsflocal Posts: 6,093member
    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!!!"
  • Reply 15 of 59
    xrcxxrcx Posts: 117member


    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.

  • Reply 16 of 59
    jragostajragosta Posts: 10,473member
    I'm curious. Has googleguy EVER gone this long without posting anything?
  • Reply 17 of 59
    diplicationdiplication Posts: 609member
    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.
  • Reply 18 of 59
    dmarcootdmarcoot Posts: 191member


    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. 

  • Reply 19 of 59
    suddenly newtonsuddenly newton Posts: 13,819member

    Quote:

    Originally Posted by Jeff1741 View Post


    Preliminary injunction? Would this not be a permanent injunction? 



     


    It's how the system works.

  • Reply 20 of 59
    suddenly newtonsuddenly newton Posts: 13,819member

    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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