Tuesday 15 January 2013

Judge Denies Apple’s Ban Request And Samsung’s Mistrial Request


In the wake of the Samsung-Apple trial both companies have been petitioning for demands. This week two of them have been denied.In addition to the settlement of $1 billion, Apple wanted Samsung’s infringing products taken off the market and banned. Samsung, meanwhile, wanted the whole tria thrown out for supposed jury misconduct. US District Judge Lucy Kohhas published her decision on both filings. They’ve been denied.
Samsung was arguing that jury foreman Velvin Hogan hid information about a lawsuit he was involved with Seagate that Samsung had sold its HDD business to. Here’s what Koh had to say on the claim.
Samsung has waived its claim for an evidentiary hearing and a new trial based on Mr. Hogan’s alleged dishonesty during voir dire. Prior to the verdict, Samsung could have discovered Mr. Hogan’s litigation with Seagate, had Samsung acted with reasonable diligence based on information Samsung acquired through voir dire, namely that Mr. Hogan stated during voir dire that he had worked for Seagate.
Apple wanted Samsung’s infringing products banned as it says they suffered monetary injury from them. Koh, in a separate decision, again:
In sum, to the limited extent that Apple has been able to show that any of its harms were caused by Samsung’s illegal conduct (in this case, only trade dress dilution), Apple has not established that the equities support an injunction. Accordingly, Apple’s motion for a permanent injunction is DENIED.
This is a huge game changer according to patent expert Florian Mueller. It is unprecedented in US legal history for an injunction to be denied across to the board on so many infringements. If Apple can’t win about their biggest competitor , than who can. Apple is of course appealing the ruling.

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