Like an undeterred bulldog that won't relax its clenched jaw, Apple is still pursuing a ban of older Samsung devices.
On Thursday, Apple filed its renewed request for a permanent injunction. Apple is back to the business of arguing that Samsung's ability to sell "infringing devices" is detrimental to Apple's product line and overall business model.
Though Samsung has ceased selling all of the devices in question — such as the Galaxy Tab and AT&T's Galaxy S II — Apple argues that a ban is still important for preventing Samsung from selling them again in the future.
“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,” Apple argued in yesterday's court filing. “Because Samsung frequently brings new products to market, an injunction is important to providing Apple the relief it needs to combat any future infringement by Samsung through products not more than colorably different from those already found to infringe.”
This time around, the crux of Apple's argument doesn't pertain to the act of infringement, but rather that Samsung's purported infringements have resulted in product demand - demand satisfied by Samsung at the expense of Apple's bottom line.
Source: The Verge