Judge Denies Apple’s Request, Okaying Samsung Smartphone Sales

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Apple v. SamsungThe ever ongoing legal quarrel between Samsung and Apple does not appear to be slowing down anytime soon as we approach the end of 2012. The latest development in the ongoing battle occurred late Monday evening; when a federal judge delivered a less than satisfactory verdict for Apple, ruling that the eight Samsung phones (including the Galaxy S II) in question will not be taken off shelves. The judge denied Apple’s request to ban the Samsung smartphones, on the reasoning that there is currently no evidence that suggests that customers were specifically seeking out the features that Samsung copied. 

Apple’s injunction was the follow-up to the August ruling, where a San Jose jury found that Samsung violated six of Apple’s patents, awarding a total of $1 billion dollars in damages.

After receiving a favorable decision in August, Apple moved that eight of the devices be banned on the onus that Apple has endured innumerable damage and market share loss as a result of Samsung’s copyright infringement.

Despite winning the damages in August, U.S. District Judge Lucy Koh rejected Apple’s request for a Samsung sales ban stating that Apple was unable to show how Samsung’s actions support an injunction.

Judge Koh explained in her decision ‘”that while the court found evidence of market share loss, Apple failed to establish how Samsung’s infringement of Apple’s patents caused the loss”. Judge Koh further explained that Apple’s evidence failed to explain how any of the three Apple patents in question drive consumer demand.

The whole ruling wasn’t a bust for Apple though, as Judge Koh separately issued an order denying Samsung’s motion for a new trial. Samsung had requested a new trial on the grounds that jury foreman Velvin Hogan had been involved in a lawsuit years ago with Seagate.

With Monday’s ruling being somewhat of an upset for Apple, it’s likely that Apple will appeal, and that the feud between these two tech titans will extend far into 2013. 



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