Apple seeks sales ban on twenty older Samsung models

Apple seeks sales ban on twenty older Samsung models
Apple has filed with the U.S. District Court of San Jose seeking a sales ban on twenty older Samsung devices that are no longer sold in the U.S. Lest you think that this seems like a wasted effort on the part of Apple, the Cupertino based tech titan says that even though Samsung no longer sells these models it "in no way diminishes Apple's need for injunctive relief." Apple says that such relief could help it in the future if the need arises to "combat" future patent infringement by Samsung.

For example, if Apple can win an injunction on the Samsung Galaxy S II, and Apple's attorneys can prove that the Galaxy S II is not much different that the Samsung Galaxy S III, bingo, Apple has an injunction on a newer model. The twenty phones at issue were found to have infringed on Apple's patents during the 2012 patent trial. Apple first sought an injunction, but the request was turned down by Judge Lucy Koh as she said that Apple failed to prove that it was suffering "irreparable harm" from the continued sale of the products.


On November 18th the Federal Court of Appeals ruled that Judge Koh was right about Apple's design and trade dress patent, but was wrong when it came to Apple's utility patents. Even with this new ruling, it might be a moot point because most of Samsung's newer models are part of a second patent suit between the two rivals that is expected to start in the first quarter of 2014.

source: TheRegister

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54 Comments

58. networkdood

Posts: 6330; Member since: Mar 31, 2010

I laugh every time Microsoft or Apple sues someone else, as both companies are highly dishonest - Microsoft with its commercials and spyware built in, and Apple, with its overpriced products and its former founder, Steve Jobs, who openly admits to stealing other's ideas...

44. AfterShock

Posts: 4147; Member since: Nov 02, 2012

A pathetically petty lame enterprise. Apple.

43. COZMAN

Posts: 99; Member since: Nov 28, 2013

APPLE IS PATHETIC. This was one of my reasons for not using APPLE anymore. Outdated whiners whose best days have come and gone.

42. Topcat488

Posts: 1425; Member since: Sep 29, 2012

Apple reminds me of the person that call 911 so often until she got thrown in jail for 180 days for abusing the system, and wasting officials time! Crazy Apple!

35. Loubielou

Posts: 603; Member since: Jul 11, 2012

Just can"t wait to see what Samsung are going to Show -Off at the MWC,an this will make Apple panic more,as they will see the sales of the 5s drop rapidly,an Samsung dominating the Market Again,We will be getting more Court cases from Apple,as they love acting like Little Babies

30. xoxoGeorges

Posts: 209; Member since: Jul 11, 2013

So insecure.

27. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

If it was ruled that they couldn't prove irreparable harm before, how in the world are they going to prove it now that the devices are all off the market? This one needs to be thrown out with prejudice and that USPTO reform that keeps getting bandied about needs to be passed.

47. elitewolverine

Posts: 5192; Member since: Oct 28, 2013

easy a before and after graph of the sales loss by the phones being allowed to sell. Not that hard really. Some math, % and $.

56. tedkord

Posts: 17529; Member since: Jun 17, 2009

How would that work as Apple has claimed increased sales every year since the iPhone debuted. Are they found to claim that they know how many people would have bought an iPhone if a certain Samsung phone hadn't existed?

26. azalucel

Posts: 141; Member since: Dec 27, 2013

They cant innovate steve is dead have you paid attention to their history when they got rid of steve they almost went bankrupt and now that hes dead they will go bankrupt

25. azalucel

Posts: 141; Member since: Dec 27, 2013

They cant innovate steve is dead have you paid attention to their history when they got rid of steve they almost went bankrupt and now that hes dead they will go bankrupt

24. E.S.1

Posts: 308; Member since: Sep 14, 2013

Apple is a cry baby, a spoiled little brat. Apple should focus on developing something new finally since they are getting behind as everyone knows. What happen with innovation? Oh suing/crying constantly is their new innovation I guess...

31. xoxoGeorges

Posts: 209; Member since: Jul 11, 2013

Exactly. Now that WP caught up with the rest of the pack, Apple has no excuse.

41. InspectorGadget80 unregistered

Patent things on paper is the only innovation Apple have to protect itself from going bankrupt.

46. elitewolverine

Posts: 5192; Member since: Oct 28, 2013

you mean like the first mobile phone 64bit OS, or the OSchip to go with it or the retina display or or or or... Sadly this is coming from someone who hates apple devices.

55. tedkord

Posts: 17529; Member since: Jun 17, 2009

Apple did write the 64bit iOS, but the A7 is based on ARM designs and ARM instruction sets. Apple did not invent the Retina Display, just the tech weenie name. They sourced the display from others like Samsung and LG and Sharp.

57. E.S.1

Posts: 308; Member since: Sep 14, 2013

Not at all. I used own 2 Iphones and have an I pad now. But making phones may not be their thing.

19. PBXtech

Posts: 1032; Member since: Oct 21, 2013

Apple doing what Apple does best, milking what they can over and over and over.....

17. fanboy1974

Posts: 1345; Member since: Nov 12, 2011

Guess iPhone 5s sales are starting to slow down.

32. ilovesmartphone

Posts: 7; Member since: Oct 30, 2013

lol...

10. xperiaDROID

Posts: 5629; Member since: Mar 08, 2013

Can this damn fruit stop suing? What this fruit do is sue, sue and sue. Can this damn fruit focus on their iPhones instead of suing? I hope Samsung will sue the crap out of this damn fruit.

11. darkkjedii

Posts: 31805; Member since: Feb 05, 2011

It's not about not suing, it's about suits possibly being frivolous. They have every rite to, and should sue if it's necessitated. When you're older you'll understand. Now worry about your phone instead of apple.

12. xperiaDROID

Posts: 5629; Member since: Mar 08, 2013

Don't worry, I understand. They have every right to sue, but their sue is pointless. Samsung didn't infringe Apple's design patents, just look at the Galaxy S3, looks nothing like an iPhone, the Galaxy S2 looks a bit like the iPhone but come on, it's an old phone. And one more thing, why should I worry about my phone? Xperias have their own classy elegant design, and Japanese takes thing seriously. I don't see the need to worry about my phone or Sony.

16. stealthd unregistered

Judge and jury said they did infringe. S3 wasn't even part of this case, so maybe you don't really understand.

28. Taters

Posts: 6474; Member since: Jan 28, 2013

Jury said and they are made out of retarded people like you, so I wouldn't use what a juror decides as the measuring stick of right and wrong. That is definitely a broken and archaic system. Let people like Darkjedi and Stealth HD decide the law. Shudder..... Apple is lucky they come from the same country that brought us George W Bush.

36. darkkjedii

Posts: 31805; Member since: Feb 05, 2011

Thanx for the love

45. elitewolverine

Posts: 5192; Member since: Oct 28, 2013

lol that made me laugh in the ability to call them retarded yet post such drivel. You say it is broken, but offer no other means to qualify your statement as true other than you said so because you don't like it. You sound like 2yr old who cant have sugar before bed. Especially with your political stab too that was a hoot, sadly his IQ is probably higher than yours.

54. willard12 unregistered

Jury also said "prior art doesn't matter" which is why the decision is still under appeal and Samsung has yet to pay a dime. By the way, what has apple invented?

40. tedkord

Posts: 17529; Member since: Jun 17, 2009

No, but it's on the docket for the next suit scheduled for mid 2014.

9. darkkjedii

Posts: 31805; Member since: Feb 05, 2011

I hope to god almighty apple loses this bid. I mean damn apple, can Samsung sell at least one device in peace. The suit happy stuff is getting tired man.

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