Tuesday, September 11, 2012 by Teresa Cook
\nOn August 24, 2012, a jury trial in the Northern District of California found that Samsung Electronics Co. infringed on six of seven patents held by Apple Inc and awarded $1.05 billion in damages to Apple. There is no doubt that America was interested in seeing the showdown between the technology giants and expected big payouts.<\/p>\n
The verdict obviously hurts Samsung financially, but the real concern of Samsung customers<\/a> \u00a0is whether those cell phone and tablet product lines will be available anymore.<\/p><\/blockquote>\n
After the verdict Samsung released a reassuring, but nonetheless uninformative, statement<\/a> that they \u201cwill take all necessary measures to ensure the availability of our products in the U.S. market.\u201d
\nApple had the option to license the patents to Samsung (for a large fee, of course) or seek injunction against the sales of the Samsung products that infringe on their patents. Apple pursued the second option. Judge Koh issued preliminary injunctions before the trial of several of Samsung\u2019s most popular products, like the Galaxy Nexus<\/a> phone and the Galaxy Tab 10.1<\/a>.
\nAfter the verdict, Samsung petitioned the court to lift the injunction on the U.S. sales of the Galaxy Tab 10.1 because the jury found that it did not infringe on Apple\u2019s design patent of the iPad. On Monday, September 10, Apple filed a response<\/a> with the court saying that the preliminary injunction should not be lifted because doing so would \u201cdivests this court of jurisdiction.\u201d Additionally, Apple states in their response that repealing the injunction, only to reinstate it a few weeks later, would simply confuse customers. They seem confident that the hearing on September 20, 2012, which will decide the preliminary injunctions against eight of Samsung\u2019s products, will go in their favor as well. In fact, Judge Koh has said that Apple had indicated that they will probably expand the scope of the injunction at the December 6, 2012 permanent injunction hearing. Finally, Apple reasons that the repeal would not benefit Samsung much anyways because they already offer a newer version<\/a> of the Galaxy tablet.
\nJudge Koh has until the September 20, 2012, preliminary injunction hearing to decide whether to lift the ban on U.S. sales of the Galaxy Tab 10.1. The fate of many other Samsung products will be decided on that day as well, although the injunctions will not be permanent until after the December 6, 2012, hearing.<\/p>\n","protected":false},"excerpt":{"rendered":"Tuesday, September 11, 2012 by Teresa Cook On August 24, 2012, a jury trial in the Northern District of California found that Samsung Electronics Co. infringed on six of seven patents held by Apple Inc and awarded $1.05 billion in damages to Apple. There is no doubt that America was interested in seeing the showdown …<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[51],"tags":[],"_links":{"self":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/983"}],"collection":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/comments?post=983"}],"version-history":[{"count":1,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/983\/revisions"}],"predecessor-version":[{"id":7700,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/983\/revisions\/7700"}],"wp:attachment":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/media?parent=983"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/categories?post=983"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/tags?post=983"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}