John Paczkowski

Recent Posts by John Paczkowski

Apple-Samsung Sales Ban Showdown Heads to Court Next Month

JOT_Apple_versus_Samsung-feature

The Joy of Tech

Last December, U.S. District Court Judge Lucy Koh denied Apple’s request for a permanent sales ban on more than a dozen Samsung devices, tempering an otherwise sweeping jury trial win in its landmark patent case against the South Korean company. Despite a large number of infringement findings, Koh ruled that a ban simply wasn’t warranted.

“The phones at issue in this case contain a broad range of features, only a small fraction of which are covered by Apple’s patents,” Koh wrote. “It does not follow that entire products must be forever banned from the market because they incorporate, among their myriad features, a few narrow protected functions.”

Apple disagreed, and promptly filed an appeal. Now, seven months later, it has finally been given a date to argue its case. The U.S. Court of Appeals for the Federal Circuit in Washington, D.C., said Monday that it will hear oral arguments in the case from both Apple and Samsung on Aug. 9.

For Apple, which hasn’t yet received any remedies in the case — whether they be payment of damages or injunction — this will be an important hearing, legally and psychologically. On Aug. 5, four days before the appeal hearing, a U.S. International Trade Commission embargo on older iPhones and iPads found to infringe one of Samsung’s standards-essential patents is scheduled to go into effect — unless it is vetoed by the White House or stayed pending that appeal.


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