Newsletters
Customer Relationship Management News NewsFactor Sites:       NewsFactor.com     Enterprise Security Today     CRM Daily     Business Report     Sci-Tech Today  
   
Home CRM Systems Customer Service Business Intelligence Contact Centers More Topics...
Mobile Industry News
See data differently
Average Rating:
Rate this article:  
Sorry Apple: Judge Refuses U.S. Sales Ban on Samsung Devices
Sorry Apple: Judge Refuses U.S. Sales Ban on Samsung Devices

By Jennifer LeClaire
March 6, 2014 10:33AM

Bookmark and Share
"To persuade the court to grant Apple such an extraordinary injunction -- to bar such complex devices for incorporating three touchscreen software features -- Apple bears the burden to prove that these three touchscreen software features drive consumer demand for Samsung's products," wrote Judge Lucy Koh. "Apple has not met this burden."
 



It's not hard to understand why Apple wants to ban Samsung devices from the U.S. market, but the iPhone-maker won't get its way with U.S. District Judge Lucy Koh. Well, at least the company isn't getting everything it fought for.

Koh, who judged the high-profile patent trial between the two companies, decided to award damages of $929 million to Apple. In other words, Samsung will have to shell out nearly $1 billion for infringing on its rival's intellectual property.

But Apple wanted more and the federal judge won't budge. Koh on Thursday rejected Apple's request to block the sale of older model Samsung smartphones and tablets in the U.S., even though she ruled the devices trampled on Apple's patents. She decided there's just not evidence that grabbing Apple's IP is what ultimately caused Samsung devices to sell to the American masses.

Still Fighting

"To persuade the court to grant Apple such an extraordinary injunction -- to bar such complex devices for incorporating three touchscreen software features -- Apple bears the burden to prove that these three touchscreen software features drive consumer demand for Samsung's products," the judge wrote. "Apple has not met this burden."

Koh also said "the only new fact is that Samsung represents that no infringing units are currently in the marketplace." And added, "Apple presents no evidence that any current Samsung devices incorporate the patented features. As such, it appears that the public interest slightly favors Samsung."

Apple disagreed. In its court filing, the company argued, "Samsung's claim that it has discontinued selling the particular models found to infringe or design around Apple's patents in no way diminishes Apple's need for injunctive relief." Samsung lashed back, saying an injunction would drive "fear and uncertainty" for both retailers and carriers about what Samsung could offer without legal backlash from Apple.

Battle Goes On

In the end, Apple walks away with about $1 billion and Samsung can keep selling Android-powered phones. And, as Roger Entner, principal analyst at Recon Analytics, told us, Apple just had to shoot for the ban. He's not surprised the judge refused to block the sale of Samsung devices in the U.S. market.

"This ruling comes on the heels of Apple and Samsung not being able to reach an agreement out of court," Entner said. "Banning the import of phones is a very drastic measure and would have put extreme pressure on Samsung to come to an agreement that probably would have been very beneficial to Apple."

It's clear that the judge did not agree that such an extreme measure was warranted and seems she would prefer to see Apple and Samsung reach a licensing agreement going forward.

"Judges always have to look at the whole picture and how much the parties in the suit are actually damaged," Entner said. "There are so many lawsuits going on these days. Apple won this one." Indeed, but the battle continues in the global mobile devices market.
 

Tell Us What You Think
Comment:

Name:



Neustar, Inc. (NYSE: NSR) is a trusted, neutral provider of real-time information and analysis to the Internet, telecommunications, information services, financial services, retail, media and advertising sectors. Neustar applies its advanced, secure technologies in location, identification, and evaluation to help its customers promote and protect their businesses. More information is available at www.neustar.biz.


 Mobile Industry News
1.   Sprint Becomes Google Apps Reseller
2.   Earnings, Excitement Grow for Apple
3.   Microsoft CEO Sees 'Bold' Plan Ahead
4.   Comcast Earnings Beat Estimates
5.   Lenovo Still in Small Windows Tablets


advertisement
Android SMS Worm on the Loose
Malware lets bad actors cash in.
Average Rating:
Earnings, Excitement Grow for Apple
Momentum mounts as rumors swirl.
Average Rating:
Microsoft CEO Sees 'Bold' Plan Ahead
With unified Windows for all platforms.
Average Rating:
Product Information and Resources for Technology You Can Use To Boost Your Business

Network Security Spotlight
Researchers Working To Fix Tor Security Exploit
Developers for the Tor privacy browser are scrambling to fix a bug revealed Monday that researchers say could allow hackers, or government surveillance agencies, to track users online.
 
Wall Street Journal Hacked Again
Hacked again. That’s the story at the Wall Street Journal this week as the newspaper reports that the computer systems housing some of its news graphics were breached. Customers not affected -- yet.
 
Dropbox for Business Beefs Up Security
Dropbox is upping its game for business users. The cloud-based storage and sharing company has rolled out new security, search and other features to boost its appeal for businesses.
 

Enterprise Hardware Spotlight
Microsoft Makes Design Central to Its Future
Over the last four years, Microsoft has doubled the number of designers it employs, putting a priority on fashioning devices that work around people's lives -- and that are attractive and cool.
 
Contrary to Report, Lenovo's Staying in Small Windows Tablets
Device maker Lenovo has clarified a report that indicated it is getting out of the small Windows tablet business -- as in the ThinkPad 8 and the 8-inch Miix 2. But the firm said it is not exiting that market.
 
Seagate Unveils Networked Drives for Small Businesses
Seagate is out with five new networked attached storage products aimed at small businesses. The drives are for companies with up to 50 workers, and range in capacity from two to 20 terabytes.
 

Navigation
CRM Daily
Home/Top News | CRM Systems | Customer Service | Business Intelligence | Contact Centers | Sales & Marketing | Customer Data | CRM Press Releases
NewsFactor Network Enterprise I.T. Sites
NewsFactor Technology News | Enterprise Security Today | CRM Daily

NewsFactor Business and Innovation Sites
Sci-Tech Today | NewsFactor Business Report

NewsFactor Services
FreeNewsFeed | Free Newsletters

About NewsFactor Network | How To Contact Us | Article Reprints | Careers @ NewsFactor | Services for PR Pros | Top Tech Wire | How To Advertise

Privacy Policy | Terms of Service
© Copyright 2000-2014 NewsFactor Network. All rights reserved. Article rating technology by Blogowogo. Member of Accuserve Ad Network.