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Apple gets a sales ban on Samsung smartphones found to infringe on its utility patents

Posted: , by Mihai A.

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Apple gets a sales ban on Samsung smartphones found to infringe on its utility patents
US District Judge Lucy Koh has ordered Samsung to stop selling a number of Android smartphones that were previously found to infringe on Apple utility patents. At large, Samsung has already stopped selling the smartphones in question, but it appears that this ruling might have deeper implications for future patent infringement cases.

The Samsung smartphones that are now banned in the US include the Galaxy Nexus, the original Galaxy Note and the Note 2, the Galaxy S2, the Galaxy S2 Skyrocket, the Stratosphere, and the Samsung Galaxy S3. Launched back in 2012, the latter is the most recent phone in the list.

Back in May 2014, a jury found that some of Samsung's Android smartphones infringe on at least two out of three Apple utility patents that cover quick links, slide-to-unlock, and automatic word correction. Samsung was ordered to pay $119.6 million, but Apple had failed to get an injunction on Samsung's smartphones.

Throughout the entire Apple vs Samsung court war, the Cupertino-based manufacturer often sought to obtain a US sales ban on Samsung smartphones found to be infringing on its utility patents. Until recently, judge Lucy Koh argued that Apple has failed to demonstrate that it will be irreparably harmed if Samsung is allowed to sell its patent-infringing handsets. 

The narrative quickly changed back in September when the US Court of Appeals for the Federal Circuit sent the case back to court arguing that Samsung should be slapped with an import ban, statements echoed by judge Lucy Koh in today's filling:

"The court finds that Apple will suffer irreparable harm if Samsung continues to use its use of the infringing features, that monetary damages cannot adequately compensate Apple for this resulting irreparable harm, and that the balance of equities and public interest favor entry of a permanent injunction,"


While it may seem unimportant that Samsung was banned from selling that have largely disappeared from the US market, there are deeper implications to consider. In essence, there are worries that today's ruling will give more power to patent holders and the so-called patent trolls.

Earlier today, Samsung has received the support of multiple tech giants, all of which urged the US Supreme Court to reform patent law as to fit the modern context. Modern smartphones are covered by as much as 250,000 patents, and if one patent infringement is enough to warrant a sales ban, then patent holders could have a lot more leverage when patent agreements are negotiated.

source: CNET

31 Comments
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posted on 18 Jan 2016, 21:14 6

1. Arch_Fiend (Posts: 2708; Member since: 03 Oct 2015)


Damn Sammy Quit Stealing s**t LOL.

posted on 18 Jan 2016, 23:33

14. zeeBomb (Posts: 2137; Member since: 14 Aug 2014)


Sammy you go girl!

posted on 19 Jan 2016, 03:03

17. tedkord (Posts: 12207; Member since: 17 Jun 2009)


Why should they be the only ones?

posted on 19 Jan 2016, 03:49

20. Arch_Fiend (Posts: 2708; Member since: 03 Oct 2015)


Every Oem Should Quit Doing Cause They All Eventually Get Caught.

posted on 19 Jan 2016, 06:41 2

22. tedkord (Posts: 12207; Member since: 17 Jun 2009)


It's impossible to make a smartphone that doesn't infringe some nebulous, over broad patent that never should have been awarded in the first place.

posted on 19 Jan 2016, 08:30 3

26. Hexa-core (banned) (Posts: 2131; Member since: 11 Aug 2015)


Right!
Slide to unlock isn't an invention.
See this:
http://weknowmemes.com/wp-content/uploads/2012/02/slide-to-unlock-apple.jpg

LMAO

posted on 19 Jan 2016, 09:21

28. Arch_Fiend (Posts: 2708; Member since: 03 Oct 2015)


True LOL.

posted on 19 Jan 2016, 11:22

30. Hexa-core (banned) (Posts: 2131; Member since: 11 Aug 2015)


Yet, Sammy gets sued over it...

CRAZY and HILARIOUS.

posted on 18 Jan 2016, 21:18 17

2. baldilocks (Posts: 753; Member since: 14 Dec 2008)


We def need patent reform.

posted on 19 Jan 2016, 03:50

21. Arch_Fiend (Posts: 2708; Member since: 03 Oct 2015)


Why??

posted on 19 Jan 2016, 06:48

23. tedkord (Posts: 12207; Member since: 17 Jun 2009)


Because companies are able to get patents on things that don't deserve patent protection, like ideas that already exist, just adding "on a computer" to an existing idea, a patent that covers a broad idea rather than a specific implementation, obvious ideas our extensions of such, etc...

The Apple slide to unlock is a prime example. It was a concept that existed on a phone before the iPhone (stolen), and it was worded so as to cover any gesture accompanied by any animation on the display. Apple even argued in court that a tap is just a zero length slide, so it infringes their patent. It's absurd, and it's damaging to innovation.

posted on 19 Jan 2016, 09:22

29. Arch_Fiend (Posts: 2708; Member since: 03 Oct 2015)


I'm not being mean but I didn't read your post cause I was kidding, sorry you went through the trouble.

posted on 18 Jan 2016, 21:19

3. Napalm_3nema (Posts: 2227; Member since: 14 Jun 2013)


I still have a Skyrocket. It's my backup backup phone (Nly use in case of emergency).

posted on 18 Jan 2016, 21:22 13

4. AstronautJones (Posts: 303; Member since: 01 Aug 2012)


Wait, Apple will suffer irreparable harm if Samsung doesn't stop selling phones.......that it has already stopped selling??

^^^^^^^Baldilocks is correct. Patent reform is needed.

posted on 19 Jan 2016, 03:28

19. StuiWooi (Posts: 91; Member since: 19 Feb 2013)


In addition to that how will apple suffer irreparable harm from the fact Samsung phones slide to unlock and have correction for typos? It's just madness! The judge was right originally but is clearly sick of all this so just agreed to ban the no longer relevant phones but it is indeed a dangerous precedent to set.

posted on 18 Jan 2016, 21:37 5

5. Adimane01 (Posts: 20; Member since: 11 Jan 2016)


Just a query. All of our keyboard nowadays have auto correction does that mean all OEMs pay patent royalties for it to Apple??

And slide to unlock feature was present in early Sony Mobiles too I have seen Xperia E, M and many others employing exact same feature why aren't they pointed out??

posted on 18 Jan 2016, 22:18 7

12. ibend (Posts: 5059; Member since: 30 Sep 2014)


its kinda redundant since USPTO have LOTS of autocorrect patent
the earlier is from 1990 (http://patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=1&f=G&l=50&d=PALL&RefSrch=yes&Query=PN%2F5305205 )

and slide to unlock is already exist since middle age (Latches & Bolts)
agree with above that USPTO need patent reform, to avoid any future patent troll

posted on 19 Jan 2016, 06:49

24. tedkord (Posts: 12207; Member since: 17 Jun 2009)


Slide to unlock also already existed on a phone beefier the iPhone, the Neonode N1m.

posted on 18 Jan 2016, 21:39 2

6. Coconut00 (Posts: 480; Member since: 13 Jan 2015)


Note 2 is the newest device, not the Galaxy S3.

posted on 18 Jan 2016, 21:43 20

7. GreekGeek (Posts: 1276; Member since: 22 Mar 2014)


Moral of the story

If Apple borrows from Android, it's called ''inspiration''

If Android or any OEM borrows from Apple, it's called ''stealing''

posted on 18 Jan 2016, 22:03 25

9. ibend (Posts: 5059; Member since: 30 Sep 2014)


If Apple steals from others, it's called "Innovation"

posted on 18 Jan 2016, 22:28

13. 47AlphaTango (Posts: 298; Member since: 27 Sep 2015)


If android abandoned it. Apple will revive it. Just like the fingerprint sensor on the home button or the 3d force touch technology which apple re-innovate the existing technology. And now android follows it via android update.

posted on 19 Jan 2016, 03:04

18. tedkord (Posts: 12207; Member since: 17 Jun 2009)


Stealing is stealing, no matter how you try top rationalize it.

posted on 19 Jan 2016, 00:40

15. submar (Posts: 475; Member since: 19 Sep 2014)


base on what you say, Apple become the most innovative company in the world

posted on 19 Jan 2016, 02:16 3

16. joey_sfb (Posts: 5982; Member since: 29 Mar 2012)


Furthermore, when Apple iPhone 4S gets a sales ban, it receive a presidential pardon.

Apple in really made in America, at least the people running the company.

posted on 18 Jan 2016, 21:47 5

8. joevsyou (Posts: 849; Member since: 28 Feb 2015)


ZOMG those corners look the same as those corners, I can't tell the difference between the two

posted on 18 Jan 2016, 22:09 3

10. ibend (Posts: 5059; Member since: 30 Sep 2014)


maybe in that part of world, people usually goes to physical store and ask
"I need a white phone with rounded corners.. did u have one?"
and store clerk give him Galaxy S3, and of course he didnt read the box that saying SAMSUNG GALAXY S3, and think its the same phone with rounded corner as everyone use....
with that logic, it will harm for Apple sales since people can possible buy the wrong device..

but with normal logical healthy human logic.... well, u know the answer

posted on 18 Jan 2016, 22:13 3

11. Swordylove (Posts: 198; Member since: 27 Jun 2015)


Just lolling @ sales ban on obsolete products.

posted on 19 Jan 2016, 07:23

25. Baracus (Posts: 223; Member since: 15 Sep 2012)


Apple steals and copies all the time, and if the US courts and patent office weren't so corrupt Apple would be bankrupt by now.

posted on 19 Jan 2016, 08:49

27. Hexa-core (banned) (Posts: 2131; Member since: 11 Aug 2015)


Not only corrupt, but biased too. Since Apple is a U.S company.

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