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Judge Rejects Apple's Quest for U.S. Ban on Samsung Devices By Adam Dickter December 18, 2012 4:01PM     "This decision is a huge success for Samsung, strategically speaking," said analyst Neil Shah. "Avoiding permanent injunction is [more important] than the billion-dollar damages penalty, which is a drop in the ocean for cash-rich market leader Samsung." Shah said the decision costs Apple "long-term leverage over Samsung here in its home-turf."   Related Topics Apple Samsung Judge Lucy Koh Patent Wars Latest News Reality TV's New Stars: Small Biz Soundbars Up the Ante on TV Sound Google Glass Raises Privacy Concerns Pentagon Gives iOS 6 Security OK Should Enterprises Skip Windows 8? Yes, Samsung ripped off Apple's patents when it made some of its smartphones. No, that doesn't mean it should be banned in the United States. That's the mixed verdict from Judge Lucy Koh of U.S. District Court in Northern California in the latest stage of the complex legal battle of the tech titans. Koh evidently found it hard to swallow the idea that Apple -- one of the world's most profitable companies -- would suffer irreparable harm from the sale of 26 Samsung devices the Cupertino-based giant wants struck from store shelves. Koh had previously declined to issue an injunction against the devices being sold at the start of the trial. The vast majority of the products are no longer on the market. $1 Billion Fine Looms Among the devices are Samsung's Galaxy S 4G , Galaxy S II (AT&T ), Galaxy S II Skyrocket, Galaxy S II (T-Mobile), Galaxy S II Epic 4G, Galaxy S Showcase, Droid Charge (Verizon) and Galaxy Prevail, according to USA Today. Koh granted an injunction against Samsung's Galaxy Tab 10.1 tablet but lifted it in October after a jury decided Samsung had not infringed on an Apple tablet patent in question. South Korean-based Samsung is appealing the jury's verdict on the other devices but may have to pony up a $1.05 billion judgment, which is relatively small change for both companies. Now the world's top mobile phone maker, Samsung raked in $5.97 billion in net profit in the third quarter of this year alone. The jury had dismissed a Samsung countersuit against Apple, related to iPhone and iPod touch technology, although a South Korean court ruled that both companies violated each other's patents. With sales of its Galaxy brand devices soaring, Samsung was obviously pleased to maintain access to the important U.S. consumer market as holiday sales ramp up. (Sales of the new flagship Galaxy S III actually spiked shortly after the August verdict, an analyst said, possibly out of concern it might be included in the ban.) "We are pleased that the judge today denied Apple's move to limit consumer choice, and restrict fair competition in the marketplace," a spokeswoman told us. But it ain't over till it's over. Samsung and Apple will face off in yet another battle in the same court sometime next year in a suit filed by Apple in August aimed at the Galaxy S III smartphone. In something of a goodwill gesture, Samsung this week dropped its request for a ban of related Apple devices in some European countries "in the interest of consumer choice." More Battles Ahead "This decision is a huge success for Samsung, strategically speaking," senior wireless analyst Neil Shah of Strategy Analytics told us Tuesday. "Avoiding permanent injunction is [more important] than the billion-dollar damages penalty which is a drop in the ocean for cash-rich market leader Samsung." Shah said the decision costs Apple "long-term leverage over Samsung here in its home-turf, one of the premium smartphone markets in the world." But despite Samsung's move to withdraw injunction requests against Apple in Europe, the U.S. rival "won't sit still," Shah said. "This is far from over."   Tell Us What You Think Comment: Name: Ron Bor: Posted: 2012-12-19 @ 3:15am PT Apple fears Sumsong. Also Visit: iPad Info Center Billions of Bytes Mobile Device Now Apple Info Center TopTechWire.com Panasonic Toughbook® mobile computers are engineered to withstand drops, spills, dust and grime, and to perform in the harshest environments. Rugged reliability, low cost of ownership and accolades from reviewers are just a few of the reasons why Toughbook computers keep winning over the world's toughest users. Click here to learn more.  Mobile Tech 1.   Google Glass Raises Privacy Concerns 2.   IDC: Windows Phone Now in 3rd Place 3.   Intel Going Mobile with Its New CEO 4.   Google Bets Its Empty Wallet on Gmail 5.   Stand Turns iPad Into Cash Register Mandatory BYOD Is Catching On Will be required by many within 4 years. Average Rating: Thorsten Heins Predicts Tablet Demise BlackBerry PlayBook may color his view? Average Rating: Google Glass Raises Privacy Concerns House privacy panel wants answers. Average Rating:

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Network Security Spotlight

Syrian Electronic Army Hacks Financial Times The Financial Times is the latest victim of the Syrian Electronic Army, a group that supports Syrian President Bashar al-Assad. The U.K.-based newspaper said a blog and its Twitter accounts were hacked.   Patch Tuesday Hyper Focuses on IE 8 Microsoft on Tuesday issued 10 security bulletins that fix 33 vulnerabilities. These updates include MS13-038, which will address the Internet Explorer 8 issue described in Security Advisory 2847140.   Surge of Venture Capital Buoys Tech Security Sector With companies and governments spending billions to repel cyberthreats, a surge of venture capital is pouring into companies developing cybersecurity technologies, the front line of the conflict.

Enterprise Hardware Spotlight

U.S. Defense Department Gives iOS 6 Security OK In a vote of confidence for Apple's iOS devices, the Defense Department has given the all-clear for employees to use iPads and iPhones for work. But only those running iOS 6, and only if issued by the government.   Cisco Surges After Profit Exceeds Analysts' Estimates Networking equipment giant Cisco's net income jumped 14 percent in the latest quarter as revenue at all four of its divisions rose for the first time in a year and a half, as tech spending increases.   HP and SAP Team To Advance HANA Database Technology The two tech leaders are working on a system that SAP says could fundamentally change the database market. HANA is SAP's technology that keeps data in-memory, for super fast processing.

Mobile Enterprise Spotlight

Google Glass Raises Congressional Privacy Concerns The buzz around Google Glass continues, but it's not all good. Some in Congress have questions. "We are curious whether this new technology could infringe on the privacy of average Americans," their letter to Google says.   Windows Phone Now No. 3 in Market, BlackBerry No. 4 Has Microsoft Phone moved into a coveted though distant third place for smartphone platforms behind Google's Android and Apple's iOS? A new report says yes, while BlackBerry has slipped to No. 4.   Intel Going Mobile with Its New CEO In his first speech as Intel's CEO, Brian Krzanich said he plans to focus on beefing up Intel's presence in mobility. The next step: a world tour showing mobile devices based on Intel chips, from PCs to phones and tablets.

Enterprise Technology Spotlight

HP and SAP Team To Advance HANA Database Technology The two tech leaders are working on a system that SAP says could fundamentally change the database market. HANA is SAP's technology that keeps data in-memory, for super fast processing.   Cloud Computing Gains Another Competitor with Google Amazon Web Services and Microsoft Azure now have a full-on rival in Google, with its I/O announcement that it is opening its hosted Compute Engine environment for virtual machines to all comers.   Hackers' New Tool of Choice: Smartphones Smartphones are increasingly popular not only with consumers, but with thieves who see the devices as another way to tap into bank accounts and other sensitive information, experts say.

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