Apple and Samsung seeks a Re-Trial on second Suit

24 May, 2014 Technology

Apple Samsung

 

Apple has filed for a permanent injunction against the Samsung devices recently found by a jury, to have infringed on Apple's utility patents. Considering that Judge Lucy Koh rejected Apple's similar request for an injunction dating back to the first trial between the two rivals, it seems unlikely that she would grant Apple's request now. The latter claims that the continued sale of Samsung devices would cause it irreparable harm that monetary damages cannot resolve.

 

But considering that the evidence used by Apple to support the filing is a consumer survey, similar to the one used to seek a sales ban after the first trial, the odds are not in favor of the company receiving the injunction. This calls for a retrial.

 

Even if a sales ban were granted to Apple, Samsung could simply devise some hastily devised workarounds to bypass the infringement claims by Apple.

 

 

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