Newsletters
News & Information for Technology Purchasers NewsFactor Sites:       NewsFactor.com     Enterprise Security Today     CRM Daily     Business Report     Sci-Tech Today  
   
This ad will display for the next 20 seconds. Click for more information, or
Home Enterprise I.T. Cloud Computing Applications Hardware More Topics...
GET RECOGNIZED.
Let an ISACA® certification
elevate your career.

Register today and save
Apple/Mac
DDoS Protection Powered By Verisign
Average Rating:
Rate this article:  
Sorry Apple: Judge Refuses U.S. Sales Ban on Samsung Devices

Sorry Apple: Judge Refuses U.S. Sales Ban on Samsung Devices
By Jennifer LeClaire

Share
Share on Facebook Share on Twitter Share on Linkedin Share on Google Plus

"To persuade the court to grant Apple such an extraordinary injunction -- to bar such complex devices for incorporating three touchscreen software features -- Apple bears the burden to prove that these three touchscreen software features drive consumer demand for Samsung's products," wrote Judge Lucy Koh. "Apple has not met this burden."
 


It's not hard to understand why Apple wants to ban Samsung devices from the U.S. market, but the iPhone-maker won't get its way with U.S. District Judge Lucy Koh. Well, at least the company isn't getting everything it fought for.

Koh, who judged the high-profile patent trial between the two companies, decided to award damages of $929 million to Apple. In other words, Samsung will have to shell out nearly $1 billion for infringing on its rival's intellectual property.

But Apple wanted more and the federal judge won't budge. Koh on Thursday rejected Apple's request to block the sale of older model Samsung smartphones and tablets in the U.S., even though she ruled the devices trampled on Apple's patents. She decided there's just not evidence that grabbing Apple's IP is what ultimately caused Samsung devices to sell to the American masses.

Still Fighting

"To persuade the court to grant Apple such an extraordinary injunction -- to bar such complex devices for incorporating three touchscreen software features -- Apple bears the burden to prove that these three touchscreen software features drive consumer demand for Samsung's products," the judge wrote. "Apple has not met this burden."

Koh also said "the only new fact is that Samsung represents that no infringing units are currently in the marketplace." And added, "Apple presents no evidence that any current Samsung devices incorporate the patented features. As such, it appears that the public interest slightly favors Samsung."

Apple disagreed. In its court filing, the company argued, "Samsung's claim that it has discontinued selling the particular models found to infringe or design around Apple's patents in no way diminishes Apple's need for injunctive relief." Samsung lashed back, saying an injunction would drive "fear and uncertainty" for both retailers and carriers about what Samsung could offer without legal backlash from Apple.

Battle Goes On

In the end, Apple walks away with about $1 billion and Samsung can keep selling Android-powered phones. And, as Roger Entner, principal analyst at Recon Analytics, told us, Apple just had to shoot for the ban. He's not surprised the judge refused to block the sale of Samsung devices in the U.S. market.

"This ruling comes on the heels of Apple and Samsung not being able to reach an agreement out of court," Entner said. "Banning the import of phones is a very drastic measure and would have put extreme pressure on Samsung to come to an agreement that probably would have been very beneficial to Apple."

It's clear that the judge did not agree that such an extreme measure was warranted and seems she would prefer to see Apple and Samsung reach a licensing agreement going forward.

"Judges always have to look at the whole picture and how much the parties in the suit are actually damaged," Entner said. "There are so many lawsuits going on these days. Apple won this one." Indeed, but the battle continues in the global mobile devices market.
 

Tell Us What You Think
Comment:

Name:



Salesforce.com is the market and technology leader in Software-as-a-Service. Its award-winning CRM solution helps 82,400 customers worldwide manage and share business information over the Internet. Experience CRM success. Click here for a FREE 30-day trial.


 Apple/Mac
1.   Popular Mailbox App Comes to Mac
2.   Apple Opens China iCloud Data Center
3.   Android Crushing Smartphone Rivals
4.   Apple Bans Toxic Factory Chemicals
5.   Apple's Workforce Mostly White, Male


advertisement
New App To Manage Time Better
Helping to organize your busy life.
Average Rating:
Popular Mailbox App Comes to Mac
Takes to-do list approach to the inbox.
Average Rating:
Apple Bans Toxic Factory Chemicals
Cleans up China production of iPhones.
Average Rating:
Product Information and Resources for Technology You Can Use To Boost Your Business

Network Security Spotlight
Chinese Hackers Nab Info on Millions of U.S. Patients
A group of Chinese hackers has stolen the personal information, including names and Social Security numbers, of about 4.5 million patients at hospitals operated by Community Health Systems.
 
Premier FBI Cybersquad in U.S. To Add Agents
After helping prosecutors charge Chinese army officials with stealing trade secrets from major companies and by snaring a Russian-led hacking ring, the premier FBI cyber-squad is getting a boost.
 
Apple Opens iCloud Data Center in China
Treading lightly, Apple acknowledged it has started to store encrypted iCloud personal data of some Chinese users on servers in mainland China, operated by the state-owned China Telecom.
 

Enterprise Hardware Spotlight
Compression, Deduplication Come to Violin Concerto 2200
Violin Memory has announced that data deduplication and compression capabilities are now available on its Concerto 2200 solution. Typically, users will experience deduplication rates between 6:1 and 10:1.
 
Cisco Axes 6,000 Employees in Restructuring Plan
Faced with declining profits, Cisco is laying off up to 6,000 employees in the months ahead -- a whopping 8 percent of its global workforce. That's in addition to the 4,000 jobs Cisco cut last year.
 
Web Slows, Have Internet Routers Reached The Limit?
If you encountered problems connecting to the Internet on August 12, you weren't alone. Networking experts blame the wide-scale slowdown on outdated routing systems that are reaching their limits.
 

Mobile Technology Spotlight
HTC Debuts Windows Phone Version of One M8 Smartphone
HTC is bringing the Windows Phone mobile OS to its flagship One M8 device -- the first time any mainstream flagship smartphone has been offered with a choice of operating systems.
 
Verizon Earns Top Rating in Mobile Network Comparison
A new report says Verizon Wireless was the top-performing U.S. cellphone service provider in the first half of 2014, on a nationwide and state-by-state basis, as well as in metro areas.
 
Sprint Comes Out with Data Guns Blazing
As its new CEO promised, Sprint has rolled out a new aggressively competitive price plan. The shared data plans promise twice the high-speed data and at lower prices than AT&T and Verizon Wireless.
 

Navigation
NewsFactor Network
Home/Top News | Enterprise I.T. | Cloud Computing | Applications | Hardware | Mobile Tech | Big Data | Communications
World Wide Web | Network Security | Data Storage | CRM Systems | Microsoft/Windows | Apple/Mac | Linux/Open Source | Personal Tech
Press Releases
NewsFactor Network Enterprise I.T. Sites
NewsFactor Technology News | Enterprise Security Today | CRM Daily

NewsFactor Business and Innovation Sites
Sci-Tech Today | NewsFactor Business Report

NewsFactor Services
FreeNewsFeed | Free Newsletters

About NewsFactor Network | How To Contact Us | Article Reprints | Careers @ NewsFactor | Services for PR Pros | Top Tech Wire | How To Advertise

Privacy Policy | Terms of Service
© Copyright 2000-2014 NewsFactor Network. All rights reserved. Article rating technology by Blogowogo. Member of Accuserve Ad Network.