Apple isn't getting a US ban on Samsung devices

No sooner had the dust settled on the last kerfuffle between Apple and Samsung, another has landed that will cause Apple to get their feathers in a ruffle! To get to the point, Apple has been unsuccessful in getting a US wide sales ban on Samsung mobile devices.

So it’s another success story for Samsung, following the US courts allowing Samsung to view the details around the Apple/HTC licensing settlement.

The judge who has presided over the entire trial so far, Lucy Koh, has denied Apple’s initial request to have 26 different Samsung products removed from sale stating the sales ban would have been too broad. She went on to say:

The phones at issue in this case contain a broad range of features, only a small fraction of which are covered by Apple's patents. Though Apple does have some interest in retaining certain features as exclusive to Apple, it does not follow that entire products must be forever banned from the market because they incorporate, among their myriad features, a few narrow protected functions.

It had been reported that Apple wanted a ban on eight Samsung devices, that included the Galaxy S II, but regardless of the number being eight or 26, the request has been denied. It was also found that a number of the devices highlighted under the ban were no longer on sale. Koh added:

It would not be equitable to deprive consumers of Samsung's infringing phones when, as explained above, only limited features of the phones have been found to infringe any of Apple's intellectual property.

However, this silver lining does come with a cloud; Samsung has not been granted a retrial following a member of the jury’s alleged misconduct. There is also the matter of the damages. Koh could still change the $1.05 billion and whether the figure goes up or down is entirely up to her. Apple has made a request to have the damages increased three fold to $3 billion.

Neither Apple nor Samsung have commented on this latest development.

Source: CNet | Image courtesy of Cult of Mac |Full copy of the Sales Ban Ruling

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17 Comments

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So much for hoping Samsung would finally come out with something new and not just minor hardware upgrades. Want to upgrade my S2 but I am not spending $500 on a phone that does nothing my S2 can't already do. Guess we get another year of the same old devices.

So much for hoping Apple would finally come out with something new and not just minor hardware upgrades. Want to upgrade my iPhone4S but I am not spending $500 on a phone that does nothing my iPhone4S can't already do. Guess we get another year of the same old devices.


Makes sense no matter which company you use.

Except once you stop being a bigot when it comes to technology, you will figure out that is simply not true. Since Apple can't get the devices banned, it will have to up its technology again. Samsung hasn't done anything that hasn't been done before and doesn't even bother improving on it. My S2 is due for an upgrade and Samsung has failed to provide an upgrade so far that isn't just a minor upgrade in a few stats. Had the devices been banned, Samsung would have been forced to rethink its approach forcing innovation for a change.

You and I read two different stories.

There is also the matter of the damages. Koh could still change the $1.05 billion and whether the figure goes up or down is entirely up to her.

Apple doesn't need the money and Samsung has enough too. A ban would be way worse and set a very bad precedent even if the banned devices would have been outdated stuff that no one wants.

cork1958 said,
"Apple has been unsuccessful in getting a US wide sales ban on Samsung mobile devices."

Yay!! Enough said!!

Agreed!