Tuesday, August 28, 2012

Samsung to fight Apple's motion to ban smartphones - USA TODAY

Samsung to fight Apple's motion to ban

SAN FRANCISCO -- Samsung has vowed to fight Apple's request to ban a handful of its smartphones from U.S. stores.

Apple has asked a San Jose federal court for injunctions on Samsung's Galaxy S 4G, Galaxy S2 (AT&T), Galaxy S2 Skyrocket, Galaxy S2 (T-Mobile), Galaxy S2 Epic 4G, Galaxy S Showcase, Droid Charge and Galaxy Prevail. Apple earlier was granted an injunction banning Samsung's Galaxy Tab 10.1 tablet.

The Seoul, South Korean electronics maker said Tuesday it plans work to keep its devices in the market. "We will take all necessary measures to ensure the availability of our products in the U.S. market," Samsung said in a statement.

A nine person jury late friday found Samsung had willfully infringed design and software patents covering iPads and iPhones. Apple could seek a a permanent ban on as many as 28 of the devices that the jury found had infringed its intellectual property.

The verdict is antipated to have wide-ranging ripple effects on makers of mobile devices that rely on Android and on their customers.

Over the next few weeks it should be expected that Apple and Samung will be filing pos-trial motions to the court. "Apple and Samsung will be aruging that the jury got things wrong because they got (the judge's) instructions wrong" to strengthen each one's side, says University of Notre Dame Law Prof. Mark McKenna, who specializes in intellectual property.

U.S. District Court Judge Lucy Koh will next consider Apple's request for injunctions that would force Samsung to pull patent-infringing products from stores, as well as whether to treble the damages. A hearing is set for Sept. 20, and Koh's rulings are expected within six to eight weeks after that.

If Samsung does not win an appeal of the verdict at the federal circuit court in Washington, D.C., it will have to remove or work around the legal claims on Apple's innovations, which Apple says took years to develop and three months for Samsung to copy.

SAN FRANCISCO -- Samsung has vowed to fight Apple's request to ban a handful of its smartphones from U.S. stores.

Apple has asked a San Jose federal court for injunctions on Samsung's Galaxy S 4G, Galaxy S2 (AT&T), Galaxy S2 Skyrocket, Galaxy S2 (T-Mobile), Galaxy S2 Epic 4G, Galaxy S Showcase, Droid Charge and Galaxy Prevail. Apple earlier was granted an injunction banning Samsung's Galaxy Tab 10.1 tablet.

The South Korean electronics maker said Tuesday that it plans to work to keep its devices in the market. "We will take all necessary measures to ensure the availability of our products in the U.S. market," Samsung said in a statement.

A nine-person jury found Samsung had willfully infringed design and software patents covering iPads and iPhones. If the $1.05 billion damage award survives, it will be one of the largest verdicts in patent history.

Apple could seek a a permanent ban on as many as 28 of the Samsung devices that the jury found had infringed on its intellectual property.

The final outcome is anticipated to have wide-ranging effects on makers of mobile devices that rely on Google's Android and on their customers.

Over the next few weeks it is expected that Apple and Samsung will be filing post-trial motions to the court. "Apple and Samsung will be arguing that the jury got things wrong because they got (the judge's) instructions wrong" to strengthen each one's side, says University of Notre Dame Law professor Mark McKenna, who specializes in intellectual property.

U.S. District Court Judge Lucy Koh will next consider Apple's request for injunctions that would force Samsung to pull patent-infringing products from stores, as well as whether to treble the damages. A hearing is set for Sept. 20, and Koh's rulings are expected some six to eight weeks after that.

If Samsung does not win an appeal of the verdict at the federal circuit court in Washington, D.C., it will have to remove or work around the legal claims on Apple's innovations, which Apple says took years to develop and three months for Samsung to copy.

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