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11-19-2013, 12:21 AM #1
Appeals Court Helps to Revive Apple's Bid for Sales Ban against Samsung Android Devices
A federal appeals court recently ordered that Apple’s request for a permanent injunction on sales of Samsung-manufactured Android devices be reconsidered by the lower court judge who originally denied it. The ruling, which was handed down by the United States Court of Appeals for the Federal Circuit, puts the possibility of a wide-ranging ban on sales of Samsung devices back into the hands of District Court Judge Lucy Koh, according to Florian Mueller of FOSS Patents. Mueller also believes that following the ruling, “an injunction is now rather likely.”
The appellate court upheld Judge Koh’s objections to the requested which was based on Apple’s design patents and trade concerns, including look and feel, but took issue with the judge’s interpretation of the legal hurdles facing the technical patents in question. Based on the court:
…rather than showing that a patented feature is the exclusive reason for consumer demand. Apple must show some connection between the patented feature and demand for Samsung products.
If the injunction turns out to be successful, it could have significant consequences for Samsung. Rather than a ban on a specific set of devices, Apple has asked that the injunction also apply to devices that are no more than “colorably different” from those already at issue in the suit. Just to clarify, a colorable difference is a legal term referring to a change made to a product specifically to avoid litigation in the event of an intellectual property dispute. This means that current or even future Samsung products could be cause in the injunction’s net if Samsung doesn’t either strike a licensing deal with Apple or make substantial changes to their products.
We’ll have to wait and see but it looks like the battle is in favor of Apple as of right now.
Source: FOSS Patents