Apple, Samsung Go Back To Court As Judge Decides Two Motions

Apple and Samsung found themselves before Judge Lucy Koh last night in another “Duel of the Fates” legal battle. At the end of the evening, it was a good news/bad news scenario for both companies as they can each chalk up one win apiece. Perhaps the most important victory came for Samsung as Apple was denied a permanent sales ban on the 26 Samsung products that were found to have infringed on Apple’s products resulting in the jury verdict earlier this year.

Judge Koh determined that the “court has already performed significant irreparable harm analysis in this case,” and determined that Apple didn’t convince the court a permanent injunction was required. The onus was on Apple to determine that the infringing features were directly responsible for pushing “consumer demand for the accused product” to receive a permanent ban, but Apple failed to meet those requirements.

Neither statements about broad categories, nor evidence of copying, nor the conjoint survey provides sufficiently strong evidence of causation. Without a causal nexus, this Court cannot conclude that the irreparable harm supports entry of an injunction.”

The ruling, which is decidedly good news for Samsung was met some with good news for Apple as Judge Koh also denied Samsung’s request for a new trial. The request, based on accusations of Juror misconduct was set on the grounds that jury foreman Velvin Hogan hid information regarding a lawsuit he was involved in with Seagate. Samsung attorneys had hoped all jury members would be brought back into the courtroom and asked about what impact Hogan had on the jury’s deliberations.

Koh denied Samsung’s request and blamed the discovery problem on Samsung’s legal team as Hogan had admitted he worked for Seagate during the jury selection process. Koh said that Samsung had plenty of opportunity to discover any litigation Hogan might have been involved with and any failure to discover that information was not the fault of the courts. Samsung knew the juror misconduct charge was a long-shot, but it’s a defeat for the company even as they can breathe a little easier knowing a permanent ban on their products is off the table.

Tonights decisions may have been a win-lose for both companies, but let’s not forget there are two remaining issues still at play — additional damages for Apple and Samsung’s request to decrease the award the jury already granted. No date was given as to when both of those matters will be decided.

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  • PoorApple

    Both companies were just shooting in the dark on this one…but ultimately Samsung is coming out of all this as the winner…$1Billion will not be that and Samsung can chalk it up as an expensive advertising campaign. Apple were killing themselves with the Map blunder and they totally have looked like the “bad guys” in all this…not to mention their supply/ability to pump out enough phones have hindered themselves by cutting a lot of ties with Samsung. The ties between both companies can be completely severed and Samsung will be ok, as it would give them more time and energy to pump out more phones globally…as for Apple, trying to find viable replacements has already been a headache and I’m sure it still will be for quite some time. Apple has to let go of the idea to “destroy” android…I think it’s impossible now. They should just be content with the idea that they will be 2nd to Samsung, if not already, and that Android is not going away so just continue on what they are doing except in the courts.

    • vrm

      at the end of the day, apple is merely a device builder. They sold ipods ( makes me laugh), then notebooks and then smartphones. None of these are really innovative in ANY fashion, though I admit that the attention to detail for their products is unique to apple ( at least for ipods and notebooks- iphones are unremarkable at best).

      Android, OTOH floats on a cloud platform built by google. Apple cannot even conceive what google has done there, much less reproduce it.

      In building an ecosystem for the future, that is what is required. Building devices, however pretty, while easy, will not sustain your business long term. There is too much competition in price and features.

      • Im not sure how much I agree with your statement. I can def say that apple revolutionized the smart phone, but as far as where they started until now and where android started until now, android is a clear winner of innovation. Most isheep think there phone is so glorious. I mean its a nice easy to use and very pretty phone, however it is also the most restricting phone. I don’t mean in the since of having to jail break/root it to do what you want. I mean actual hardware and software innovations that Apple will never have because they would be to arrogant to get any type of licensing agreement. Although… that whole maps fiasco… going back to goole… ok great.

        Next order of business as a company, Apple will always do well. Microsoft is doing well(outside of smartphones) and they haven’t really innovated anything is decades. But as far as google, they are going to dominate. When the chromebook is fully adapted(when its a full computer and not just a netbook), its going to be a whole different game changing computing experience. But that is quite a few ways away and at this point I think Im just rambling due to excitement that apple will submit to my authority! lol.

        • Zombie Killer

          Apple “revolutionized” NOTHING in smartphones. I had smartphones that could do MORE than a **CURRENT** apple product can do, the better part of a DECADE before apple even began selling phones.

        • Cirrob

          Absolutely agree. It has always annoyed me when some ignorant lid says that apple invented, revolutionalizez, pioneered etc the smartphone. No, what they did was make capacitive touch screens mainstream. Prior to iPhone the stock of Windows Mobile and palm phones were very powerful. They were buggy in some aspects but I could run my business from my phone. Manage my website, inventory, orders, payroll, and investments all from my phone (both a palm phone and a Windows phone) I tried to do this on an iPhone once or twice a year for several years and finally gave up. It wasn’t until android and froyo that this was really possible again. I think iPhone may have finally gotten to this point now but it took them too long and I have settled into android now.

        • I KNOW RIGHT!! everyone acts like apple made history with the original iphone. there was tons of HTC products being produced. these mobile phones and palm OS dominated hard at that time. I pod + phone = iPhone, guess what, all the previous htc and palm phone had that ability except iPhone could sync with iTunes and this was easily marketed upon apple users. now you don’t have to carry your iPod or phone. the iOS is stupid simple that an old fashion person can grasps it operations. its not revolutionary, stop saying that!!!!! so more people adopted the iPhone then the others jones’ followers followed in the path known as “isheep” baaah… *it hit the fan when the review came that this was the greatest product. now people act like the iPhone is the first piece of technology made, like there was no other touch screens and that apple produced all this on there on. News Flash, its all borrow technology from Samsung’s catalog. Samsung sold out to apple and now they’re lying in the bed with the enemy. i’m sure Samsung made billions from apple on the chipsets and touchscreen components. other wise breaking even in the lawsuit.

    • Guest911

      Only a fool would think this.

      • davedsone

        Samsung vaulted from way back also ran to front of the pack from Galaxy S, 2, 3, and Note. Not to the front of Android sales, but to the front of smartphone sales. Yes, that is EASILY worth 1 Billion.

        • PoorApple

          Thank you…

        • They sure as hell didn’t do that by copying the iPhone. Just dissect the two devices and there isn’t nothing iphone about their product. All phones are curved with corners, all devices have buttons. They got to be #1 by something Apple forgot, innovation, innovation, innovation. The only thing iPhone has is G-Mail, YouTube and Google Maps, wait aren’t those Android apk’s. If Google wanted to squeeze Apple, just take away the only good thing about the iphone, the Google apk’s and the iPhone would be just crap. Apple has a few jive ass paterns that are or should be illegal and eventually they will be overturned. Then Apple better start staying up late saying their prayers and eating their vegetables because if I were Google I would pull the rug right out from under them just like they have tried and failed to do to Android. This will happen and Apple will have no one to blame but their own greed.

        • davedsone

          I didn’t say I agreed with the verdict. I said that since Samsung was found to have infringed, 1 Billion was not a bad price to pay for a phone series that put them on the map.

      • PoorApple

        Haha, so I’m a fool stating the reality of things…LOL, whatevers~~!

      • Zombie Killer

        Think what, exactly?
        That apple isn’t competing to kill android, but competing to not be squished like the ugly retarded bug that they are? Apple makes one product, and has a total of 10% market share in this business, they aren’t competing against SAMSUNG, they’re competing against ANDROID, which has over a 75% market share.

        This is the death struggle of apple. They’re sinking into irrelevance. The last refuge of the death of apple: no longer a tech company, rather they are nothing but a patent troll.

    • Maybe Apple can start spending some of their legal team cash on something they have forgot about for sometime, it’s called innovation, Apple has lost at least 3 years to Android on their innovations. Android, Samsung has such great innovations on their new SGS3 and Note 2, The iPhone is just so old and yesterday’s product. There is just nothing on that phone that I would even consider to use or want. The only thing on the iPhone that is worth looking at or wanting is Google products. Take away G-Mail, YouTube or the Maps apk’s and you have nothing at all. If Google really wanted to squeeze Apple they could remove these great apk’s and watch Apple self destruct. Notifications is still a mess, still can only delete all of them rather just one or a couple at a time. That is just a joke and they tried to copy that from Android and still failed on that front. The average iPhone user would drop that device if they just spent one day with a top quality Android device running Jelly Bean. Apple is skating on very thin ice.

  • vrm

    I think that the judge stuck with the $1b fine – did not reduce or increase it so that matter is settled.

  • vrm

    I’m still unsure why the judge didn’t laugh at apple’s claims outright. For a co. that was “suffering damages” from samsung, it was raking in cash hand over fist and increasing that cash every quarter. So HOW do they get off with those claims in the first place ?!

    • Guest

      My only guess it simple. A valid patent (yes, its a BS patent or two, but they are legal) is still a valid patent. You cant copy someone, period. Even if you sell just one item.

      Now dont take me wrong, I am not siding with Apple at all. But from a legal stand point, they are entitled to monies from Samsung apparently copying, which all of this is BS! But no different than getting a ticket for not running a red light, etc. Still the law, bend over and accept it. Move on and be smarter next time

  • Whitney

    I really don’t care I just want my iphone.

  • Trevnerdio

    If the permanent ban on all 26 freakin devices was done, I would…I don’t know, hide in a cave and never return until Koh died.