Apple files for ban on Samsung devices; both seek retrial on second suit

Apple files for ban on Samsung devices; both seek retrial on second suit
Apple has filed for a permanent injunction against the Samsung devices recently found by a jury, to have infringed on Apple's utility patents. Considering that Judge Lucy Koh rejected Apple's similar request for an injunction dating back to the first trial between the two rivals, it seems unlikely that she would grant Apple's request now. The latter claims that the continued sale of Samsung devices would cause it irreparable harm that monetary damages cannot resolve.

But considering that the evidence used by Apple to support the filing is a consumer survey, similar to the one used to seek a sales ban after the first trial, the odds are not in favor of the company receiving the injunction. And even if a sales ban were granted to Apple, Samsung could simply devise some hastily devised workarounds to bypass the infringement claims by Apple.

Apple and Samsung also both filed with the court, a motion for judgment as a matter of law. Samsung's filing took place late Friday and is sealed. Apple's filing asks for a directed verdict against several Samsung devices, treble damages or a complete retrial. The filing cites some of  "Samsung's improper and prejudicial statements to the jury," and also adds some of Apple's unhappiness with the $119.6 million that it was awarded by the jury.

If you enjoy playing amateur attorney, or if you are a lawyer for a living, feel free to check out Apple's filings, both embedded below.


source: Scribd (1), (2), via FOSSPatents, AppleInsider

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75 Comments

1. akki20892

Posts: 3902; Member since: Feb 04, 2013

Oh OK.

35. Ashoaib

Posts: 3309; Member since: Nov 15, 2013

Tom n jerry... samsung should file a ban on apple too bcoz apple also found infringing samsung's patent

72. sgodsell

Posts: 7522; Member since: Mar 16, 2013

The ban list that Apple had against Samsung was ridiculous. Apple had Galaxy S3/S4/S5/Note 1/2/3. How are any of those phones copying anything from Apple? All those devices have resolutions that go beyond any Apple iPhone. They all use amoled vs IPS. They all have sensors not even seen or heard of on any Apple product. OS is totally different. Its kind of funny that Apple is coming out with a 4.7" iPhone, something that Samsung and other Android OEMS have been using for years now. Apple you think you deserve more? My opinion you deserve less. I hope a retrial occurs, and that you loose even more money. You are greedy Apple, its not bad enough that you have to charge a ton for all your products. I hope you loose more Apple. You are already loosing market share globally.

73. Ashoaib

Posts: 3309; Member since: Nov 15, 2013

Both should file a ban on each other and I hope icourt will hear both and ban both... then the world will be free from cr@pple and samsung

2. vuyonc

Posts: 1091; Member since: Feb 24, 2014

Who cares? The LG G3 is coming!

5. Sauce unregistered

Something I can upgrade my Note 2 with :D, if it has nice build qualities, rather than another plastic Samsung product..

11. wilsong17 unregistered

The LG 3 is plastic u dumb

12. Sauce unregistered

Doesn't mean it won't have better build quality. My old LG Optimus G felt 10 times better than my Note 2. LG always does a good job in this field. Sorry for offending your girly emotions about your beloved Samsung.

17. sniperdroid

Posts: 146; Member since: May 23, 2013

"another plastic Samsung product" You're clearly talking about plastic and not build quality. So his comment still stands.

27. Sauce unregistered

Use your brain. I know you have one. Where has common sense gone these days???

37. PhoneArenaUser

Posts: 5498; Member since: Aug 05, 2011

It is your own problem that you are unable to express your minds clearly. So use your own advice and next time use your brain before writing something. Try to express your minds more clearly instead of blaming other people.

68. deewinc

Posts: 455; Member since: Feb 21, 2013

Hahaha...stop using your hairy balls to reason!

31. androiphone20

Posts: 1654; Member since: Jul 10, 2013

Samsung does a special kind of plastic that feels incredibly cheap, they could learn a lot from Nokia.

39. donfem

Posts: 708; Member since: Mar 30, 2011

Very ignorant statement. Cars were made of steel. New cars are "cheap" because they are plastic?

40. PhoneArenaUser

Posts: 5498; Member since: Aug 05, 2011

It is classic Sauce's attempt to troll which always ends with big fail putting him to the shame. :D

70. sgodsell

Posts: 7522; Member since: Mar 16, 2013

Use your brain, and try to put words together into proper sentences. Don't assume anything.

19. networkdood

Posts: 6330; Member since: Mar 31, 2010

Who cares if it is plastic - a device can be well built and give you that premium quality about it and be plastic...the iphone is not plastic and most do not consider it premium...just depends on a few factors. Plastic can be good...if done correctly.

25. Sauce unregistered

"most do not consider it premium" LOL

32. androiphone20

Posts: 1654; Member since: Jul 10, 2013

"Who cares if it is plastic," someone does. They even cared to leave a comment. "the iphone is not plastic and most do not consider it premium," you should totally do comedy.

62. networkdood

Posts: 6330; Member since: Mar 31, 2010

"Thank you..thank you very much"

61. eldyagustius

Posts: 182; Member since: Oct 30, 2013

If you want to seek overall build quality, don't choose LG. From my previous experience with Nexus 4 and G2, they always have issues with the screen. Fortunately, now I use Nexus 5 and nothing bad happens. Though I really hate that samsung plastic feels, their build quality is still better.

8. PapaSmurf

Posts: 10457; Member since: May 14, 2012

I have my eye on the G3 though. The more I see it the more I want it lol.

20. networkdood

Posts: 6330; Member since: Mar 31, 2010

If for some odd reason I cannot get a OnePlus One by July, I am either getting an LG 3 or holding out for the Note 4...I doubt you can go wrong with either choice...

45. 0xFFFF

Posts: 3806; Member since: Apr 16, 2014

Rumor has it that OnePlus will only be making the One in volume after the Qualcomm 805 chip is released and prices go down on the 801.

3. darkkjedii

Posts: 31529; Member since: Feb 05, 2011

Boy here we go again, and both of em seem to be resting in their laurels at the moment. Neither of their latest offering have been mind blowing.

10. PapaSmurf

Posts: 10457; Member since: May 14, 2012

The S5 is amazing jedii. My next phone is either the M8 or the G3 though. New quarter, new phone lol.

15. darkkjedii

Posts: 31529; Member since: Feb 05, 2011

Do you feel it's mind blowing, and revolutionary, or just great and evolutionary? BTW, I don't own one but my big sis does, and the phone is great. I just see it as an evolutionary step up from an already tite s4. Please give me your HO?

24. Doakie

Posts: 2478; Member since: May 06, 2009

Wait. What is the most recent phone that has been mind blowing and revolutionary? The Moto X? The HTC One M7? The Xperia Z2?

28. darkkjedii

Posts: 31529; Member since: Feb 05, 2011

As I said, not mind blowing.

44. fzacek

Posts: 2486; Member since: Jan 26, 2014

For once, I agree with you. The S5 is a great smartphone, but it is evolutionary and not really revolutionary. The specs have been improved, it's waterproof, and it has a fingerprint sensor, but none of those things are new to technology or revolutionary...

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