Apple vs Samsung – it is bad enough that these two companies hate each other in the mobile tech world, but Apple just does not want to let go in the courtroom and these two continue to battle it out and the only ones getting rich are the attorneys. I bet even poor Judge Lucy Koh is hoping that this ongoing conflict is soon resolved. We are tired of informing and updating you on the situation and I am sure that most of you are tired of reading about it – or at least seeing the headlines…but the saga continues.
In a very expected motion after this month’s $119 million jury verdict in the Northern District of California, Apple has filed a motion asking for a U.S. permanent junction against Samsung. Because of the three patents that Samsung was found to have infringed on (one by summary judgment and two by the jury), Apple is asking Judge Lucy Koh to order a U.S. sale ban against Samsung. The injunction would relate to any: “software or code capable of implementing any Infringing Feature, and/or any feature not more than colorably different therefrom,” and would of course, apply to any future products Samsung would produce violating this agreement. That is not likely to happen as Samsung already has workarounds in place for their violations. If Apple’s history with injunctions against Samsung is any indicator, it is highly unlikely that an injunction will actually be granted, and even if Judge Koh issues one, there is always the possibility that another court would overturn it. Samsung is allowed to sell devices that they have already implemented a work around, so it is doubtful that an injunction would be worth it at this point – it just seems like another stall tactic for Apple to drag this court case out as long as it can.
Apple is basing this new injunction on the conjoint survey to determine exactly what premiums customers were willing to pay for particular features. However, Judge Koh claimed that the study fell far short of proving harm and stated that the survey: “measure[d] the market demand for the patented features in a vacuum, without relation to the actual price or value of the devices…numerous features that were not tested–such as battery life, MP3 player functionality, operating system, text messaging options, GPS, and processor speed–are highly important to consumers…[and] appear[ed] to have failed to adequately account for noninfringing alternatives to the patented features.” Apple and Samsung both continue to send sealed documents to the courts and Judge Koh, and according to our source, they find it very unlikely that any injunction will be brought against Samsung at this time. Apple’s attorneys are trying to point out that Samsung’s lawyers claim Apple has not gained any leverage with all of their litigation so far, but our source claims that: “it’s Apple’s problem that its patents aren’t strong enough to win, not the court’s problem.”
Please hit us up on our Google+ Page and let us know what your feelings are about Apple vs Samsung – do you think Samsung should be singled out or do you think Apple should go back to trying to innovate and stay out of the courts…as always, we would love to hear from you.