Welcome to the MacNN Forums.

If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below.

You are here: MacNN Forums > News > Tech News > Apple asks Court of Appeals to review two Samsung rulings

Apple asks Court of Appeals to review two Samsung rulings
Thread Tools
MacNN Staff
Join Date: Jul 2012
Status: Online
Reply With Quote
Jan 18, 2013, 11:49 AM
 
Apple has asked for a full complement of judges at the US Court of Appeals for the Federal Circuit to do simultaneous reviews of not one but two rulings in Samsung's favor, reports Bloomberg. An Apple petition to review an October judgment against a Galaxy Nexus ban was already known; Bloomberg notes, though, that Apple is now hoping that the court will also overturn a December ruling rejecting other preliminary bans on Samsung products. It is unusual for a full set of Court of Appeals judges to work on a case. Typically, a panel of three judges is assigned to each issue.

"The two cases would present an ideal vehicle for eliminating the uncertainty regarding when a patentee can prevent a competitor from trespassing on its patented innovations," Apple writes in a January 16 court filing. The company further complains that by refusing to ban Samsung products at the core of a $1.05 billion verdict, District Judge Lucy Koh has "made it essentially impossible for a patentee to halt a direct competitor's deliberate and successful copying of the patentee's innovative designs and features for use in competing products." Apple goes on to say that "although individual features in complex products may be generally important, they will almost never drive consumer demand by themselves, at least not provably. Consumers buy complex technological products for a whole host of reasons, often with no one reason determining the customer's decision." The earlier injunctions against Samsung were rejected precisely because it was decided Apple couldn't show that any of the patent concepts in the case were responsible for driving sales. Previously, Samsung has argued for the absurdity of removing an entire product from the marketplace because of "a single, minor feature" that isn't the cause of shopper interest. Beyond rejecting this, Apple has suggested that even though the Federal Circuit demands a connection of consumer interest during pre-trial hearings, that doesn't matter once a patent has been deemed infringed. "Although the jury awarded Apple a significant damages verdict, the district court correctly found that Samsung's deliberate and wide-ranging infringement had harmed Apple's standing in the marketplace in ways that money cannot repair," the company says. "The denial of a permanent injunction allows Samsung to continue its attempts to attract Apple's customers through deliberate copying, with a damages award being merely a cost of doing business."
( Last edited by NewsPoster; Jan 18, 2013 at 06:40 PM. )
     
   
Thread Tools
Forum Links
Forum Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Top
Privacy Policy
All times are GMT -5. The time now is 01:19 AM.
All contents of these forums © 1995-2013 MacNN. All rights reserved.
Branding + Design: www.gesamtbild.com
vBulletin v.3.8.7 © 2000-2013, Jelsoft Enterprises Ltd., Content Relevant URLs by vBSEO 3.3.2