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Judge Koh shoots down Apple's request for a ban and Samsung's motion for a new trial

Posted: , by Alan F.

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Judge Koh shoots down Apple's request for a ban and Samsung's motion for a new trial
Judge Lucy Koh has started to release her rulings based on the post-trial hearing between Samsung and Apple that she presided over on December 6th. On Monday, the judge ruled against Apple's motion to have some 26 Samsung devices banned. The judge said that Apple could not prove that Apple iPhone sales were harmed enough to warrant a ban. She also said that Apple failed to prove that the features the jury said Samsung infringed on, were the reasons why people chose an iPhone over a Samsung device.

"The fact that Apple may have lost customers and downstream sales to Samsung is not enough to justify an injunction. Samsung may have cut into Apple's customer base somewhat, but there is no suggestion that Samsung will wipe out Apple's customer base or force Apple out of the business of making smartphones."-Judge Lucy Koh

Judge Koh also denied Samsung's motion seeking a new trial. The decision vindicates jury foreman Velvin Hogan whom Samsung alleged was biased against the Korean manufacturer because of a legal issue Hogan had with Samsung partner Seagate Technology. There was alsao some question about Hogan's legal knowledge as he took over the jury during deliberations.

Meanwhile, the judge still needs to rule on the damages awarded. Since Samsung was found by the jury to willfully infringe on some Apple patents, Apple has the right to ask the judge to triple the damages on some parts of the $1.05 billion award. It is seeking an additional $121 million from its rival. Samsung has asked the judge to cut the damage amount based on what it sees as incorrect calculations by the Hogan-led jury.

Samsung still intends to appeal the decision, as is its right. Both tech giants will face each other in another trial at the same courthouse sometime in 2014.

source: WSJ

46 Comments
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posted on 18 Dec 2012, 01:03 27

1. Nathan_ingx (Posts: 2964; Member since: 07 Mar 2012)


"Samsung may have cut into Apple's customer base somewhat..."
So what?? it's not Samsung that did it...it is the customers' choice!!

posted on 18 Dec 2012, 01:43 11

8. p0rkguy (Posts: 677; Member since: 23 Nov 2010)


Her entire quote is just competitive business.
If that's the case, Microsoft should sue Apple for OSX.

posted on 18 Dec 2012, 04:44 3

18. garz_pa (Posts: 152; Member since: 03 Nov 2011)


Actually, Microsoft got that whole graphical user interface thing from Apple.

posted on 18 Dec 2012, 05:46 14

21. GUNDAM (Posts: 63; Member since: 20 Jul 2012)


and i wonder where apple got gui from ehhh?

posted on 18 Dec 2012, 10:07 4

29. JC557 (Posts: 701; Member since: 07 Dec 2011)


GUI is not Apple you f**king moron.

posted on 18 Dec 2012, 12:12 7

34. true1984 (Posts: 480; Member since: 23 May 2012)


wrong, apple and microsoft got it from xerox

posted on 18 Dec 2012, 02:04 12

10. MeoCao (unregistered)


The fun part is how much SS has to pay now. I think the calculations that the jury made was a total mess. And Apple garbage Steve Jobs patent will be invalidated too.

After all this there is still Court of Appeals and it will be a hollow victory at best for Apple

posted on 18 Dec 2012, 11:38 4

33. TheMan (Posts: 346; Member since: 21 Sep 2012)


Personally, I was surprised that SS went with the "foreman's biased" as its lead argument. I thought the issue was that the jury didn't follow the instruction given it -- more through incompetence as opposed to a vendetta -- resulting in a mistrial.

But, then, I'm not an attorney; I play one online.

posted on 18 Dec 2012, 03:55

16. Ohrules (Posts: 299; Member since: 11 Jun 2012)


this may be beside the point, but in the featured stories, it says: "Jidge Koh says no"

posted on 18 Dec 2012, 09:15

25. sithvenger (banned) (Posts: 371; Member since: 25 Aug 2012)


So y don't u day that when customers choose apple. Instead u go into a tirade.

posted on 18 Dec 2012, 10:06 2

28. JC557 (Posts: 701; Member since: 07 Dec 2011)


I didn't know we, the customers, have to buy stuff from Apple.

posted on 18 Dec 2012, 01:15 15

2. anywherehome (Posts: 971; Member since: 13 Dec 2011)


It was clear iKoh would deny.......like completely unfair court battle not allowing showing facts against rotten and lying Apple....hope Apple+Microsfot=pure Evil will pay 3 % to Motorola!

posted on 18 Dec 2012, 04:41 1

17. Mxyzptlk (limited) (Posts: 2846; Member since: 21 Apr 2012)


You can't pay for fair use.

posted on 18 Dec 2012, 05:32 15

20. Nathan_ingx (Posts: 2964; Member since: 07 Mar 2012)


And it's not fair to sue each and every time similarities exists.

posted on 18 Dec 2012, 09:08 6

24. jacko1977 (Posts: 377; Member since: 11 Feb 2012)


why when apple is bad in the spotlight your nowhere to be seen ?

posted on 18 Dec 2012, 21:22 2

39. dmckay12 (Posts: 242; Member since: 25 Feb 2012)


Please cite the precedent for that. Specifically the non-existant precedent that allows a company to knowingly violate patents in the making of a product and profit off of it without paying for it. Apple knew that the patents existed and refused to pay for them. Fair use=/=free.

posted on 19 Dec 2012, 04:26 1

45. rusticguy (Posts: 2810; Member since: 11 Aug 2012)


You mean stealing forcefully and then when gettin g caught calling it Fair use right?

posted on 20 Dec 2012, 00:26 1

46. jroc74 (Posts: 3969; Member since: 30 Dec 2010)


For the umpteenth time...the F in FRAND ...does....not......stand....for.....Free.....

posted on 18 Dec 2012, 01:16 12

3. quakan (Posts: 1079; Member since: 02 Mar 2011)


As if a $1.05 billion isn't enough. If had even a fraction of that......sigh.

posted on 18 Dec 2012, 01:20 7

4. bvalde09 (Posts: 171; Member since: 22 Nov 2011)


Are we serious? Apple is seeking more money, so 1 Billion isnt enough? Apple vs Samsung We all heard about this and we are f......ng tired of the same sh.t. Why dont you guys give a new face to your IOS? Give a new face to the Iphone instead of making money on court?

posted on 18 Dec 2012, 02:13 7

11. anywherehome (Posts: 971; Member since: 13 Dec 2011)


and the fact is to pay more even for invalidated patents!!!
rotten judges....

posted on 18 Dec 2012, 01:20

5. StringCheese01 (Posts: 62; Member since: 27 Jan 2012)


NOOOOOOOOOOO

posted on 18 Dec 2012, 01:23 1

6. quakan (Posts: 1079; Member since: 02 Mar 2011)


Please tell me you didn't make that Judge Koh picture your avatar after you read this. -_-

posted on 18 Dec 2012, 01:37 2

7. StringCheese01 (Posts: 62; Member since: 27 Jan 2012)


Haha no no i've had this avatar since the early days of the trial

posted on 18 Dec 2012, 09:21

26. Nathan_ingx (Posts: 2964; Member since: 07 Mar 2012)


Yup, I've seen that thumbnail. :)

posted on 18 Dec 2012, 01:56 6

9. Droid_X_Doug (Posts: 5279; Member since: 22 Dec 2010)


It will be interesting to see how Judge Koh rules on damages, given the recent invalidation of Apple patents that I believe are at the heart of the trial.... Apple could be looking at a Pyrrhic victory.

posted on 18 Dec 2012, 02:27

12. Dunknown (Posts: 80; Member since: 23 Jul 2012)


I think it is better to banned Samsung in this particular world. The phone they produced is getting worse. Like the Galasy S3. Nothing much in there, it shows laggness. And sometimes the screen froze and restart. I just use it for about six month and it shows this kind of shows for me. I think I should swith back to Iphone or maybe Nokia Lumia 920 that kinda attract me a lot.

posted on 18 Dec 2012, 03:37 4

14. joey_sfb (Posts: 1973; Member since: 29 Mar 2012)


That why you Dunknown that S3 is good. Apple fan pretending to own high end smartphone. iPhone is an dumb phone too restrictive to be called a smartphone.

posted on 18 Dec 2012, 04:50 5

19. chaoticrazor (Posts: 2347; Member since: 28 Aug 2012)


you both idiots, one he's obviously letting off a load of bs, the s3 is a great phone. but second for you to then say the iphone is a dumb phone is bs too.............why do you have to be all defensive and attack other product instead of only setting him straight is beyond fanboyism.

posted on 18 Dec 2012, 21:13 2

38. joey_sfb (Posts: 1973; Member since: 29 Mar 2012)


iPhone is a dumb phone to me. You don't have to agree.
Besides, i only pay for item that would serve my long term interest. Apple want to remove choices, so i buy samsung to defend it. Lawsuit do cost lots of money and apple has truckload of it and are bullying competitors with lawsuits.

I am not a fanboy of any brand. I only serve my interest.

posted on 18 Dec 2012, 21:28

41. chaoticrazor (Posts: 2347; Member since: 28 Aug 2012)


the iphone might not make sense to you but saying its dumb is too far, even if you add after its dumb to you.

couple things i have to ask, first i wouldnt say apple want to remove choice what they wanted was to slow down competition and find a way other then through there devices to get the upper hand in the market. there arrogance over took them and there paying the price. thats a given, i dont know any who can defend the way apple as a company are acting.

this line

''so i buy samsung to defend it''

samsung are now just the opposite side of the same coin, there not innocent in all of this and if thats the reason you buy samsung its pretty fanboyish. look at HTC, Motorola, Sony, Nokia etc there where customers should be moving. both apple and samsung have taken this beyond a joke now.

posted on 18 Dec 2012, 21:45 1

43. joey_sfb (Posts: 1973; Member since: 29 Mar 2012)


Maybe my next device will be from Sony. Their design are good, still i want my sdcard so will be looking out for that! Can't believe i was so taken in by apple for the last few years! All those love to hate!

posted on 18 Dec 2012, 20:18

36. Dunknown (Posts: 80; Member since: 23 Jul 2012)


Why would you said that? Do you own S3? If you do, that is why you're so supportive towards S3. I encounter the problems. After fixing it and telling the shop to reset the whole thing it still came back to its original problems. Last time I use Iphone, i download as many apps as possible there is no problem, it is just that it is fragile. Before Iphone, I use Nokia 3250 which worth somewhere 300 USD that time only 2 megapixels top and 2G. I managed to use it for 5 to six year till the battery expand. Nokia do attract me alot. The way they innovate. By reading the articles from other information provider, Nokia is the world richest company for phones, the third most innovative company around the world after Google and Microsoft. My cousin in Malaysia who is the phone seller, receives a lot of complain and fixes about the Samsung phone.

posted on 18 Dec 2012, 21:25 1

40. joey_sfb (Posts: 1973; Member since: 29 Mar 2012)


I own a galaxy tab 7.7 after iPad 3. I prefer samsung. I buy the samsung to give my support to a company that defending my future choices and the right to choose. I am a tweaker and samsung galaxy tab 7.7 is a perfect match for me. Some people are better off using dumb devices. Who's knows that could be it.

posted on 18 Dec 2012, 21:31

42. chaoticrazor (Posts: 2347; Member since: 28 Aug 2012)


''Some people are better off using dumb devices. Who's knows that could be it.''

come on, now your acting like a fanboy. its not a dumb device whatever you think of the company behind it.

plus samsung arent fighting for your freedom and right to choose. there fighting to stop a lose of products and money.

wish people would stop glorifying samsung as some saviour and apple as the devil.......both are now as bad as the other

posted on 18 Dec 2012, 21:54

44. joey_sfb (Posts: 1973; Member since: 29 Mar 2012)


Yeah! I miss out, its an expensive dumb device extremely low tech to keep apple profit margin high.

And apple did not bother to reinvest those money into R and D instead lawsuits.

posted on 18 Dec 2012, 10:41

31. InspectorGadget80 (Posts: 5637; Member since: 26 Mar 2011)


i think its better to ban you. u must be a complete idiot or something

posted on 18 Dec 2012, 02:29

13. ray77 (Posts: 121; Member since: 17 Nov 2012)


finale came to say no to apple. like it say the customer has their choices what their like .And it is good for everyone, except for apple.

posted on 18 Dec 2012, 03:43

15. someones4 (Posts: 613; Member since: 16 Sep 2012)


Koh talks like a Wall Street analyst.
Kudos for saying no to Apple though, let's see if she will get the damage award nullified or reduced.

posted on 18 Dec 2012, 06:42 5

22. dragonscourgex (Posts: 307; Member since: 16 Jan 2012)


Does anyone else fine it funny that both company are spending a crap load over this trail, but when it is finally said and done in 2014, most people will not even remember the devices that they are fighting about. If I would be the judge, I would throw this trail out and tell both to start putting all this energy into making devices and let the consumers decide.

posted on 18 Dec 2012, 11:10 2

32. archangel9 (Posts: 230; Member since: 07 Feb 2010)


Contrary to popular opinion,that is exactly what Samsung is doing.It's Apple the one whining like spoiled lil rich brats and doesnt care what we think just saying "New IpHone,here go get it and we're not gonna tell you the price because you idiots are going to buy it anyway" Oh whichever one you get 16,32,or 64 everythings fixed so thats what you stuck with.

People wants a choice and Apple are playa haters

posted on 18 Dec 2012, 08:10 13

23. ultimatebatman (Posts: 52; Member since: 04 Dec 2012)


NO ONE buys a Samsung phone because they supposedly copied a screen bounce feature, or whatever other insignificant feature Apple deems was copied. We buy Samsung for the larger screens, removable battery and SD card, and the usability that comes with the openness of the Android platform, all things Apple has never had an interest in.

posted on 18 Dec 2012, 17:55 2

35. corporateJP (Posts: 1287; Member since: 28 Nov 2009)


Church!

Apple has interest in that stuff, however. Interest in it because it threatens their closed platform and Nazi-grip on it's devices. It threatens their entire business, structure, and general existence.

Make no bones about it, Apple sued to slow down Samsung, that's it.

posted on 18 Dec 2012, 09:56

27. PhoneAddiction (Posts: 77; Member since: 07 Nov 2012)


No one cares about this. Samsung and Apple both need to get over themselves. Whatever happens, happpens. I'm getting bored with phones and tablets. Please create or innovate a new market/device. That's all I ask.. *shrugs*

posted on 18 Dec 2012, 10:38 2

30. InspectorGadget80 (Posts: 5637; Member since: 26 Mar 2011)


Finally the idiot judge have come to her senses and think bout US THE CONSUMER instead of APPLE's check book

posted on 18 Dec 2012, 20:54

37. whysoserious (Posts: 313; Member since: 20 Jul 2012)


Is it just me or Judge Koh's face gets more and more creepier each time?

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