US judge denies Apple request for ban on Samsung smartphones

by Kenny Hemphill on December 18, 2012

iPhone 5 in Black with EarPodsIn a ruling which will satisfy neither party, Apple has had its petition for a ban on the sale of some Samsung smartphones in the US rejected, while Samsung’s complaints of jury mis-conduct were also thrown out.

Judge Lucy Koh, who awarded Apple $1.05bn in August after a jury found Samsung guilty of infringing its smartphone patents, ruled that Apple had failed to show that it had lost sales as a result of Samsung’s infringement nor that a ban would be necessary for restitution of any loss.

‘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. The present case involves lost sales – not a lost ability to be a viable market participant,’ said Judge Koh in the ruling.

Patent expert, Florian Mueller, who has been following the case closely wrote that ‘It may be unprecedented in the legal history of the United States for an injunction motion to be denied across the board despite such a large number of infringement findings (roughly half a dozen) by a jury and, especially, in light of the competitive situation between the two as well as the jury’s findings of willful infringement.’

Judge Koh ruled that Samsung had waived its right to complain about bias from jury chairman Velvin Hogan because it had carried out pre-trial interviews with him and not raised any concerns at the time.

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