Emerging Technology

Apple’s Samsung sales ban motion knocked back, no retrial: Smartphone patent wars

Andrew Sadauskas /

Apple has lost its motion to ban Samsung smartphones, while Samsung has lost its motion for a retrial, as Judge Lucy Koh hears post-trial motions following a patent lawsuit between the tech giants.

The motions were filed following a case that found Samsung had infringed Apple patents, which saw the Korean tech giant ordered to pay damages of $US1.05 billion. Since then, two separate court rulings in Japan and a court ruling in the Netherlands have dismissed Apple’s claims in patent lawsuits between the two companies.

Following the initial verdict, Apple filed for a US sales ban on the following Samsung smartphones:

“Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Fascinate, Galaxy Ace, Galaxy Prevail, Galaxy S, Galaxy S 4G, Galaxy S II (AT&T), Galaxy S II (i9000), Galaxy Tab, Galaxy Tab 10.1 (WiFi), Gem, Indulge, Infuse, Mesmerize, Nexus S 4G, Replenish, Vibrant, Galaxy S II (T-Mobile), Transform, Galaxy S Showcase, Galaxy S II (Epic 4G Touch), Galaxy S II (Skyrocket).”

Bloomberg reports Apple’s motion was knocked back by Judge Koh on the grounds that it failed to show harm had been done by Samsung infringing on their patents.

“Though evidence that Samsung attempted to copy certain Apple features may offer some limited support for Apple’s theory, it does not establish that those features actually drove consumer demand [for Apple products],” Judge Koh says.

“The potential for future disruption to consumers would be significantly greater if this court were to issue an injunction, and such disruption cannot be justified.”

According to The Australian, after the ruling Samsung dropped its own motions for a sales ban on Apple products in five countries, including Britain, France, Germany, Italy and the Netherlands.

However, Samsung’s motion for a retrial on the grounds of the alleged business dealings of the jury foreman was denied, although Samsung can still appeal the verdict in a higher court.

Judge Koh is yet to issue a ruling on Apple’s motion to increase damages by more than $US500 million or Samsung’s motion to reduce damages by more than $US600 million.

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Andrew Sadauskas

Andrew Sadauskas is a former journalist at SmartCompany and a former editor of TechCompany.

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