Tuesday, December 18, 2012

Apple's request for permanent injunction denied, as is Samsung's jury misconduct claims

Android Central

Judge Koh (the presiding judge in the Apple v. Samsung mess) has entered two orders pertaining to the case this evening. The first one, and arguably the most important one, says Apple is not to be granted a permanent injunction against offending Samsung products. Seems that even though a jury found plenty of offending instances last August, Judge Koh feels that an injunction is not warranted. In fact, the motion was dismissed in its entirety, meaning this part of the case is over -- until the inevitable appeal from Apple.

The second order is pertaining to jury misconduct. You might remember that Samsung took issue with the fact that the jury foreman had previous legal dealings against a Samsung invested company, and there was some concern over statements made after the end of the trial to the media that made the foreman's conduct come into question. This issue is closed, and the judge denied any further hearing on the matter.

In judge Koh's statement on the matter of injunction, she writes:

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. Though Apple does have some interest in retaining certain features as exclusive to Apple, 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.

We're certain that this is still far from over. Unfortunately, we'll continue to follow things as they progress.

Via: CNET



Source: http://feedproxy.google.com/~r/androidcentral/~3/_ZR1jC3gVIw/story01.htm

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