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Judge Koh rules that Apple cannot force Samsung to reimburse it $16 million for legal fees

Judge Koh rules that Apple cannot force Samsung to reimburse it $16 million for legal fees
Judge Lucy Koh is back in the news. Koh, who presided over both Apple-Samsung patent trials, turned down Apple's request to recover $16 million in attorney fees from Samsung. With a quick flick of her wrists, the judge also released a $2.6 million bond posted by Apple, which the court had requested from Apple so that the latter could seek a sales ban on the Samsung Galaxy Tab 10.1.

The attorney fees that Apple wanted Samsung to reimburse it for, were related to trade dress claims made by Apple against Samsung during the first patent trial. In total, Apple had four trade dress claims against its rival. Three dealt with the Apple iPhone, while the fourth claim revolved around the Apple iPad and Apple iPad 2.

For Apple to have been reimbursed for its legal fees covering the trade dress issue, the court would have had to find that the case was "exceptional." Instead, Koh found that Samsung might have reasonably felt that its use of some of the iPad's designs were based on function. Without an "exceptional" case, it would be up to the judge to decide on the attorney's fees. Koh made that decision in favor of Samsung.

The judge also released back to Apple, a $2.6 million bond posted by the tech titan in order to facilitate a sales ban against the Samsung Galaxy Tab 10.1. Just in case a sales ban needs to be reversed, the company requesting the injunction is asked to post a bond to make up for possible sales lost because of the ban. Earlier this week, both Apple and Samsung agreed to withdraw motions related to a ban on the aging tablet. The bond was originally posted by Apple in 2012, but no injunction was ever issued because of the long time it takes to go through the appeal process.

Earlier this month, Samsung and Apple agreed to drop all patent litigation against each other, outside the U.S.
  

source:
Scribd

84 Comments
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posted on 21 Aug 2014, 13:17 6

1. darkkjedii (Posts: 22023; Member since: 05 Feb 2011)


God, let it end. These are my two fav tech companies, I don't want any bans.

posted on 21 Aug 2014, 13:47 18

4. Master-Mind (banned) (Posts: 22; Member since: 20 Aug 2014)


No thier not. Your favorite is Apple, you dwarf, genome. Fib.

posted on 21 Aug 2014, 14:00 17

7. Python212 (Posts: 363; Member since: 13 Aug 2014)


Top 3 iTrolls on PA are darkkjedii, Mxyzptlk & JackLee

darkkjedii said "The tech world caters to Apple" LOL

posted on 21 Aug 2014, 14:04 16

9. Master-Mind (banned) (Posts: 22; Member since: 20 Aug 2014)


Well said, and true.
3 trolls.
Especially that Darkkjedii. That guy always gets away causing flamewars. And his offtopic BS.

posted on 21 Aug 2014, 14:06 6

10. Ninetysix (Posts: 2460; Member since: 08 Oct 2012)


Is there a reason why you had to create another account here in PA? What happened to your other accounts?

posted on 21 Aug 2014, 14:11 7

11. darkkjedii (Posts: 22023; Member since: 05 Feb 2011)


Dude, he doesn't think we know he's Arte 8800 AKA TrollTM. It's so obvious bro, just look at the content, and structure of his posts. Also, he joined yesterday, and every post has been an attack on me and my family lol. Dude, he's too transparent.

posted on 21 Aug 2014, 19:35

73. JakeLee (banned) (Posts: 1021; Member since: 02 Nov 2013)


He believes it was you, but it was me.

posted on 21 Aug 2014, 21:32

76. darkkjedii (Posts: 22023; Member since: 05 Feb 2011)


Where've you been Jake?

posted on 21 Aug 2014, 14:15 3

13. darkkjedii (Posts: 22023; Member since: 05 Feb 2011)


He then posts something like #5, as if I'm even gonna bother responding to that crap lol. This Arte guys has some serious issues. PA will shut him down in a bit. Let him have his fun for now.

posted on 21 Aug 2014, 14:26

15. darkkjedii (Posts: 22023; Member since: 05 Feb 2011)


Too funny ninetysix. He's even the ...? Thingy lol. For...?

posted on 21 Aug 2014, 18:40 4

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


Feeling a bit jealous that your nick is not among the honored iTroll Hall of Frame. LOL!!

posted on 21 Aug 2014, 16:32 4

51. InspectorGadget80 (unregistered)


You're right he's a APPLE LOVER and he hates anything that will gets in Apple way.

posted on 21 Aug 2014, 16:41

53. darkkjedii (Posts: 22023; Member since: 05 Feb 2011)


Man Hush lol

posted on 22 Aug 2014, 08:06

83. darkkjedii (Posts: 22023; Member since: 05 Feb 2011)


Take it easy master mind. See you in 7, your Arte 8800 acct's back in 3 days. Be smart enough to stay gone until then. No more duplicate acct's now ya hear?

posted on 21 Aug 2014, 14:29 1

16. Neo_Huang (Posts: 1067; Member since: 06 Dec 2013)


Its JakeLee.

posted on 21 Aug 2014, 14:34 2

19. darkkjedii (Posts: 22023; Member since: 05 Feb 2011)


The top troll is Arte 8800/master mind/TrollTM/.Troll/?/darkjedi. Those are all his accounts, banned and current. He only comes here to be a irritant.

posted on 21 Aug 2014, 16:31

50. InspectorGadget80 (unregistered)


I think you also forgot Wendy Python.

posted on 21 Aug 2014, 19:48 1

74. techperson211 (Posts: 1236; Member since: 27 Feb 2014)


It only shows that Samsung is not some company that can be put down by silly patent B.S. Hate to say this but just as KARMA ,what goes around comes around. Give it a rest apple, Come to think of it when Steve left apple it was totally chaotic and almost dead, Thank goodness Steve was there to comeback but now all I see in apple are all wannabe catch up ripping off executives.

posted on 21 Aug 2014, 14:41 3

23. darkkjedii (Posts: 22023; Member since: 05 Feb 2011)


"No their not". Dumb ass, it's "No they're not". Arte the idiot, we can always count on you to be just that... An F'n idiot lol.

posted on 21 Aug 2014, 15:25 6

33. engineer-1701d (unregistered)


apple is just getting scared and wants some money publicly from samsung so they can have the publicity saying samsung infringed and owes apple so people will think samsung copied apple.

just let it end and start anew.

posted on 21 Aug 2014, 16:12 1

44. Vexify (banned) (Posts: 570; Member since: 16 Jun 2014)


Its perfectly fine to point a gun at your enemy in the business world. Just gotta ask the judge to pull the trigger.

Now only if that was possible for societal living.

posted on 21 Aug 2014, 13:19 11

2. azalucel (Posts: 136; Member since: 27 Dec 2013)


Apple quit whinning and die already. Ever since steve jobs died not even 3 years ago you went from almost 50% marketshare to below 12% no body wants to pay your rip off prices for your locked down os and proprietary accessories

posted on 21 Aug 2014, 13:31 7

3. darkkjedii (Posts: 22023; Member since: 05 Feb 2011)


They won't be dying anytime soon dude. You might wanna check the stock market before saying dumb stuff like that. Google: market share leader, Apple: profit margin leader. Both lead at the model they target. Apple 609 billion, Google 393 billion, these giants are doing just fine.

posted on 21 Aug 2014, 13:55 6

5. Master-Mind (banned) (Posts: 22; Member since: 20 Aug 2014)


But even if you can make that argument with a product that, to be fair, is basically Kool-Aid, how can this be the same when marketing a product specifically touting never-before-seen capabilities? Like, say, a fancy new phone where your entire campaign is based on all of the things it can do that your old phone can't? You know, like when Apple was advertising their iPhone 3G as, "Twice as fast. Half the price."

"how long will Apple lie, to thier customers for"...?

posted on 21 Aug 2014, 15:34 1

36. engineer-1701d (unregistered)


thats the genius in their marketing they never compare to other devices on the market because they know they have nothing they always word things so its better then the last iphone so if you like the old one you will like the new one, otherwise if you would pretend a apple commercial came out on tv it would say its 30 percent lighter as old iphone not other phone makers or its not as fast as some other makers but its faster then the last iphone. just watch the keynote with the beautiful trash can lol hahaha

posted on 21 Aug 2014, 14:32 2

18. azalucel (Posts: 136; Member since: 27 Dec 2013)


http://thenextweb.com/google/2014/07/31/android-reached-record-85-smartphone-market-share-q2-2014-report/ shows android at almost 85% and apple below 12% apple is dyeing just accept it!

posted on 21 Aug 2014, 14:38 1

22. Ninetysix (Posts: 2460; Member since: 08 Oct 2012)


You can't compare a mobile operating system to a company. Also what color should we dye apple?

posted on 21 Aug 2014, 14:44

24. azalucel (Posts: 136; Member since: 27 Dec 2013)


Yea you can if you put ios on an android phone who do you think is gonna sue you apple will cause they own it, and osx isnt doing any better why pay 1700 for a mac book 15 when you can pay 1500 and get way better specs on a windows...the cheapest mac is what 1100 the cheapest windows is 300

posted on 21 Aug 2014, 14:55

27. elitewolverine (Posts: 5188; Member since: 28 Oct 2013)


Not really because one is a free OS that anyone can use, while the other is controlled. That is like comparing the diluted, polluted air you breath, with say, a filtered gym or air controlled space. I could go on.

But no, Apple is a software company that has had great success in hardware, so much so google trys to replicate it with their 'nexus' lines and buying moto, that went well. Currently Google is a software/ad company first, with their revenue stream in an OS, and using others to get the word out.

Apple is not going anywhere.

posted on 21 Aug 2014, 15:38

37. engineer-1701d (unregistered)


google will be a hardware maker soon 11/2 to 2 years with silver and one just wait until jan 2015

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