Apple Gets a new chance to achieve yet a sales ban against various Samsung models in the long running patent dispute in California. On 18 November 2013, an Appeals Court decided that the California judge Lucy Koh is wrongly decided against a sell stop. Now, she should check again the case. It’s about the process, in which the jury in San Jose in August last, Apple had awarded damages well one billion US dollars.
So the Patent Dispute was so far
what patents justify a prohibition of the sale?
Judge Koh had refused to follow up but a sales ban. To the ground, she explained, Apple did cannot prove, that the infringement had been the only reason for the sales success of the Samsung devices. According to the Court of appeal it is sufficient, however, if they would have at least partially helped. No sales bans justify wounding about the rounded corners protected by Apple by Samsung design according to the decision of the Court of appeal. The dispute between Apple and Samsung but also dealt with three patents were protected in the basic concepts of multi touch operation. After the vote of the jury, Samsung have these patents (utility patent) injured. And a disregard for these patents could justify a ban of sales.
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Also damages unclear
The procedure is based on the first lawsuit, the patent dispute with Samsung had initiated with the Apple in the spring of 2011. The equipment negotiated in the fall Meanwhile no longer play role on the market. Yet another related process underway: judge Koh had removed over 400 million US dollars from the compensation sum, because the jury in the calculation of the amount of money would have mistaken. Now, another jury should set a new total. (with material of the dpa)