sales ban

Two 'sales ban' stories December 2012 - August 2014

Apple will appeal court decision to deny sales ban on Samsung devices

We learned on Wednesday that Apple was denied a request to have certain Samsung devices banned from sale in the ongoing patent case between the two companies, and today The New York Times reports that Apple will appeal that decision.

A judge this week issued a decision denying a sales ban, and Apple on Friday said it would appeal the decision.

In the trial, which wrapped up in May, jurors concluded that Samsung should pay $119.6 million in damages for violating three of Apple’s patents — far below the $2 billion that Apple had asked for. Samsung’s Galaxy S III, a flagship smartphone, accounted for the biggest portion, contributing $52 million worth of the damages.

Apple vs Samsung: Apple loses bid for US ban, new trial over juror misconduct denied, Samsung drops EU sales ban requests

Today, we have updates on Apple and Samsung’s ongoing court woes. A report from Bloomberg noted U.S. District Judge Lucy H. Koh in the San Jose, California case rejected Apple’s most recent request for a United States sales ban on 26 Samsung devices. According to the report, Koh said the decision was based on the fact that the “case involves lost sales—not a lost ability to be a viable market participant.”

“Samsung may have cut into Apple’s customer base somewhat, but there is no suggestion that Samsung will wipe out Apple’s customer base, or force Apple out of the business of making smartphones,” Koh said. “The present case involves lost sales — not a lost ability to be a viable market participant.”

As noted by The Verge, a second post-trial order delivered by Koh yesterday denied Samsung’s request for a new trial on the claims of jury misconduct. Koh claimed that juror Velvin Hogan disclosed his previous involvement with Seagate during the jury selection process, giving Samsung’s lawyers more than enough time to discover the litigation. From the court filing:

Samsung has waived its claim for an evidentiary hearing and a new trial based on Mr. Hogan’s alleged dishonesty during voir dire. Prior to the verdict, Samsung could have discovered Mr. Hogan’s litigation with Seagate, had Samsung acted with reasonable diligence based on information Samsung acquired through voir dire, namely that Mr. Hogan stated during voir dire that he had worked for Seagate.

Samsung vs. Apple cases abroad are also making news today: FossPatents reported today that Samsung has dropped all requests for sales bans against Apple in Europe related to standard-essential patents. However, as pointed out in the report, Samsung will still attempt to win monetary compensation in its cases against Apple, but will no longer request courts to enforce bans on Apple products. FossPatents speculated on Samsung’s decision:
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