Apple loses renewed bid to get Samsung products banned in the US

Apple today lost an appeal to get a number of old Samsung products banned in the US, over the infringement of a few of its patents. The decision, made by Judge Lucy Koh, said that Apple didn’t provide enough evidence to show that the patented features were important enough to influence consumers decision to buy one phone over the other. The patents in question include Apple’s rubber-banding effect when a list ends, double tap to zoom and the pinch to zoom features. The history of this appeal goes back to 2011, when the first Apple vs. Samsung trial was in process. Apple had requested an injunction on 23 Samsung products being sold back then, but its request was denied over the same reason of lack of proof. November last year, Judge Koh was asked to reconsider Apple’s request, and today she’s again rejected the appeal. While Samsung has stopped selling the products in question, Apple argues that such an order is important as it’ll be a deterrent for Samsung from infringing on its patents in the future. Samsung said that Apple was using this appeal to “instill fear and uncertainty among carriers and retailers.” An excerpt from the ruling states: “Apple, in other words, cannot obtain a permanent injunction merely because Samsung’s lawful competition impacts Apple in a way that monetary damages cannot remedy. To award an injunction to Apple in these circumstances would ignore the Federal Circuit’s warning that a patentee may not ”leverage its patent for competitive gain beyond that which the inventive contribution and value of the patent warrant.”” Here’s the full order is embedded below: 14-03-06 Order Denying Apple’s Renewed Motion for Permanent Injunction Against Samsung [via Reuters] Continue reading →

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