Tuesday, August 28, 2012

Apple Seeks Injunction Against Old Samsung Phones

An indication that the Apple win in its trial against Samsung would not have a strong impact is the fact that the eight phones that Apple ask for injunction from the judge are older phones. Those phones are not being sold in the USA.

Additional issues with the jury decisions are in Apple vs. Samsung: Not Really an Apple Win .

A video of  Apple Jury foreman perspective -  Here's How We Reached a Verdict

A list of the phones that Apple sought injunction against are in the article below. Another good summary of the likely future impact is at Apple's $1 Billion Win Over Samsung: Q&A

Ron Maltiel

Apple seeks injunction against sale of some Samsung smartphones
By Anne B. McDonaldMonday, August 27, 2012 2:44 PM

Apple today filed a notice with the U.S. District Court of Northern California, seeking an injunction against the sale of eight specific Samsung products in the United States, all smartphones. The move comes on the heels of Apple's decisive win last week in the so-called "patent trial of the century."

Here's a list of the phones Apple singled out in its filing with the court Monday:
Galaxy S 4G
Galaxy S2 (AT&T)
Galaxy S2 (Skyrocket)
Galaxy S2 (T-Mobile)
Galaxy S2 Epic 4G
Galaxy S Showcase
Droid Charge
Galaxy Prevail

A quick check by TechHive shows that none of the phones listed—mostly older models—currently are available on any of the major U.S. mobile carriers.

The list of Samsung phones and which patents they allegedly infringe. A Silicon Valley jury ruled late last week that a series of ubiquitous smartphone and tablet features—such as the rounded rectangular form and how screens slide and bounce when touched—are proprietary Apple innovations.

The nine-person jury, which deliberated for less than three days, found the South Korean company had copied iPhone and iPad features and awarded Apple more than $1 billion in damages. Experts said the verdict could lead to a ban on sales of popular Samsung products—which process Apple appears to be starting with this filing-- and further cements Apple's dominance in the mobile device market.

[Related: Apple's $1 Billion Win Over Samsung: Q&A]

How this affects the consumer

If the court grants the injunction, which is still to be determined, it doesn't appear that it will affect Samsung very much. Most of the phones that Apple seeks to ban are no longer being sold by any of the major carriers. The Samsung Droid Charge, for instance, is nearly a year and a half old. A ban would, however, hurt anyone who currently owns one of these devices. For owners of any of these phones, it may be harder to get the phone fixed or replaced. Additionally, the carrier support for these phones (in terms of updates and bug fixes) may become even more limited.


After a three-day period of deliberations, the jury in the landmark patent suit found that Samsung had infringed on Apple's patents in a number of cases, awarding Apple $1 billion in damages. Samsung has vowed to appeal, if Judge Lucy Koh doesn't throw out the verdict, according to CNN.
Legal experts at the well-known Groklaw blog have pointed out several inconsistencies in the jury's verdict that could put Apple's big win in doubt—including the fact that some of the evidence was apparently ignored by the panel, and subsequent interviews with jurors that suggest the judge's instructions on damages were not followed.

According to the Guardian, Judge Koh will make a final decision on the case within a few weeks.

Jon Gold of Network World contributed to this report.

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