Apple drops cross-appeal of final judgment in Samsung lawsuit, no longer seeks permanent injunction
Apple on Monday filed a motion with the U.S. Court of Appeals for the Federal Circuit to drop its cross-appeal of California Judge Lucy Koh's final judgment in its patent trial against Samsung, meaning the company will no longer seek a product ban in that case.
As noted in the filing and proposed order, first spotted by FOSS Patents, Apple moves to dismiss its cross-appeal of 2012's Apple v. Samsung California trial ruling. The company filed the cross-appeal in March.
With the dismissal, Apple is effectively dropping its pursuit for a permanent injunction against 23 Samsung devices, which the company sought, but did not achieve, in its first California action against Samsung. The cross-appeal was filed after Judge Koh handed down a ruling denying Apple's renewed motion to ban the Korean company's products.
Apple's bid for a sales ban has already been denied twice. Apple was previously successful in arguing a partial appeal of Judge Koh's ruling on the matter, though the motion was ultimately quashed on remand.
Samsung counsel has agreed with Apple's motion to dismiss and will continue with its own appeal of Judge Koh's final judgment, which looks for a wholesale reversal of the jury's findings.
As noted in the filing and proposed order, first spotted by FOSS Patents, Apple moves to dismiss its cross-appeal of 2012's Apple v. Samsung California trial ruling. The company filed the cross-appeal in March.
With the dismissal, Apple is effectively dropping its pursuit for a permanent injunction against 23 Samsung devices, which the company sought, but did not achieve, in its first California action against Samsung. The cross-appeal was filed after Judge Koh handed down a ruling denying Apple's renewed motion to ban the Korean company's products.
Apple's bid for a sales ban has already been denied twice. Apple was previously successful in arguing a partial appeal of Judge Koh's ruling on the matter, though the motion was ultimately quashed on remand.
Samsung counsel has agreed with Apple's motion to dismiss and will continue with its own appeal of Judge Koh's final judgment, which looks for a wholesale reversal of the jury's findings.
Apple was awarded $1.05 billion from a jury decision finding Samsung guilty of infringing multiple patents, though the sum was whittled down after certain granted damages were vacated due to juror error. A retrial in November recouped $290 million, bringing the total up to $929 million.Apple further moves to reform the official caption of the remaining appeal (No. 2014-1335) to reflect the dismissal of Apple's cross-appeal. Counsel for Apple has conferred with counsel for Samsung Electronics Corporation, Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively, "Samsung") regarding the substance of this motion. Samsung does not oppose the relief requested in this motion and will not file a response.
Comments
Samsung fuckers. They are doing exactly what they hoped, and that is to litigate their violations to death, tie it up in the slow court systems until it's no longer relevant, pay $.05 on the dollar for court costs as write it off as the cost of doing business, and sing at the bank.
Assholes.
Besides, with the new iPhone 6 models on the horizon poised to just CRUSH Samsung, and Samsung's Tizen flopping before it even leaves the gate, I don't think Apple has to worry about much
Samsung's plan all along. They got the maximum value out of their patent infringement, and it helped them rise to the top of the Android pile. By the time the case made it way through the courts, it was too late for an injection to do anything. This is the game, and Samsung knows how to play it.
I predict fun times ahead
This may also illustrate Apple's confidence in their upcoming iPhone release...
I agree and of course we'll always have the fun of reading Gatorguy's re-interpretation of every fact along the way.
APPL close to $100! :smokey:
This may also illustrate Apple's confidence in their upcoming iPhone release...
I don't see how it would be. Samsung could do the exact same thing, copy the new iPhone again, litigate it in the court system for the next few years - just like they did before - and by 2018 (four years later) it won't matter.
I couldn't agree more. Hopefully it will all come back to bite Scamsung in its fat ass in the not too distant future. That said remember they are simply Googles front man. The real theft was by Google.
True. This is why I and many of us would love t see Apple finding alternative sources for anything Scamsung makes for Apple. That along wither falling sales and thin margins and no doubt high
briberymarketing costs will all hopefully add up in pain.This may also illustrate Apple's confidence in their upcoming iPhone release...
Bingo.
I don't see how it would be. Samsung could do the exact same thing, copy the new iPhone again, litigate it in the court system for the next few years - just like they did before - and by 2018 (four years later) it won't matter.
Wouldn't work anymore. The smartphone market has matured and there's not much more you could copy. Besides, if they were stupid enough to make something as blatant as the original Galaxy S was, then Samsung would look like fools. And Apple would likely be very successful in getting a new case to fast-track through the courts and get injunctions while they mattered.
... Apple is effectively dropping its pursuit for a permanent injunction against 23 Samsung devices ...
... while laughing all the way to the bank.
Besides, if they were stupid enough to make something as blatant as the original Galaxy S was, then Samsung would look like fools. And Apple would likely be very successful in getting a new case to fast-track through the courts and get injunctions while they mattered.
Samsung does not care to look like fools. In the end it's Apple that looked foolish, throwing all it's litigation power and coming out with a measly payout, while Samsung continues to dominate, yes dominate. Samsung will run a few more wall-hugger ads, and flood the chat-rooms with anti-Apple / pro Samsung sentiments, get someone to make another "theatre" on PBS of how horrible conditions are at Foxconn, and bob's your uncle.
If Apple could've EVER been successful in litigation it would've been with the original iPhone and then the iPad, things could've never been so cut-n-dry.
The way things are going for Apple in the USA, I sincerely doubt this. Samsung would spend billions of US dollars to bribe everyone in government to prevent this from happening and not one person would blink about taking the money. The US government and court system are so corrupt there is nothing Apple could do to legally prevent Samsung from slavishly copying its technology.
Outside of court, Apple has a fighting chance. Look at the fingerprint sensors in the 5S and S5. Quality cannot be copied. Look at the entire iTunes, App Store and iBooks Store ecosystem. Samsung is desperate to duplicate it and has failed at every attempt. HomeKit, HealthKit and Continuity will not be easily duplicated by Samsung. This is where Google comes into play, but it will struggle as well since its hardware partners will not provide consistent, high quality support for the technologies. You can already see this with the rushed Nest/Samsung Thread announcement and the horrendous Android Wear products.
Moving onto CarPlay... As has been an increasing pattern with Google, it pre-announced a car initiative in attempt to be mentioned whenever Apple was mentioned. Samsung will not be able to easily copy Apple using Android and thanks to Tizen's continuing failure to make it to a smartphone and/or tablet, copying Apple will be impossible.
Samsung recently released a short film supposedly filmed solely with the S5. Unlike Apple, Samsung has not released a behind the scenes video showing how the film was shot and edited using its hardware and software.
The future is looking great for Apple! Congratulations to Tim Cook for leading one of the most compelling corporate blatant copy prevention stories of the decade!! As the new iPhones hit the market later this year, there will be nothing Samsung can do to stop Apple from crushing its wind pipe in the consumer and business markets.
... while laughing all the way to the bank.
Apple's laughing their way to the bank, Samsung's laughing their way to the bank, the lawyers are laughing their way to the bank, AI's laughing their way to the bank (thanks to clickbait headlines)...
Is there anyone who isn't laughing their way to the bank?
I don't know about you, when I wreak, it's usually havoc; otoh, if it's desperation, I reek of it.....
Samsung fuckers. They are doing exactly what they hoped, and that is to litigate their violations to death, tie it up in the slow court systems until it's no longer relevant, pay $.05 on the dollar for court costs as write it off as the cost of doing business, and sing at the bank.
Assholes.
Calm down...Samsung is in desperation for innovation on new handsets to make some profit. Apple just feels that Samsung is nothing but a bottom feeder for whatever left while Apple take a big portion on top. It comes to the point that Apple don't give sh.t about Samsung anymore. You are welcome to copy my innovation, but can you do it better? you can't fool customers. It's like Tesla now to let others use their patents...but can anyone make the car better than Tesla?
We need more comedians on the site.
Kim Jong Un is looking like he’s going to throw a tantrum...