Feeds

Apple and Samsung STILL in bitchfight over banning ancient mobes

Sammy says Apple's trying to scare off its friends and get a fast-track route to fresh bans

SANS - Survey on application security programs

Apple and Samsung were back in court yesterday arguing over the potential ban on Sammy products found infringing on the fruity firm's patents. Samsung claims Apple only wants the ban to strike fear into the hearts of telcos and retailers who sell Samsung products.

District Court Judge Lucy Koh rejected Apple's first attempt to get Sammy's products banned, saying that the company had failed to show it was suffering "irreparable harm" from the items – particularly since none of the 20+ infringing pieces of tech are even on sale in America any more.

The US Court of Appeals ordered Koh to reconsider her decision.

But Apple still wants the court to ban the mobes anyway, because it will help the firm with future cases against the Korean chaebol.

"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's court filing states.

"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."

Samsung attorney Kathleen Sullivan told the court yesterday that awarding an injunction to Apple would just give the firm the ability to try for bans on newer products, thereby putting the frighteners on retailers.

"An injunction would create fear and uncertainty for the carriers and retailers with whom Samsung has very important customer relationships," she said, according to Reuters.

Apple legal eagle William Lee said that the jury had found the phones infringed on the fruity firm's intellectual property and that's all there was to it.

"The natural, inexorable result is an injunction," he said.

If Apple wins the ban, it could sidestep lengthy new patent trials by stapling Sammy's newer models to the current rulings. All it would need to do is to prove that the new editions of phones are not "colorably different" from the models that were banned and it could speedily secure fresh injunctions.

The fight rumbles on between the two firms despite the fact that their chiefs have agreed to a mediation session, which is supposed to take place sometime in the next three weeks.

As well as carrying on with this never-ending case, the companies are due in court for a brand new trial in March over patents to do with Apple's Siri assistant. ®

High performance access to file storage

More from The Register

next story
Android engineer: We DIDN'T copy Apple OR follow Samsung's orders
Veep testifies for Samsung during Apple patent trial
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Alphadex fires back at British Gas with overcharging allegation
Brit colo outfit says it paid for 347KVA, has been charged for 1940KVA
Jack the RIPA: Blighty cops ignore law, retain innocents' comms data
Prime minister: Nothing to see here, go about your business
Singapore decides 'three strikes' laws are too intrusive
When even a prurient island nation thinks an idea is dodgy it has problems
prev story

Whitepapers

Designing a defence for mobile apps
In this whitepaper learn the various considerations for defending mobile applications; from the mobile application architecture itself to the myriad testing technologies needed to properly assess mobile applications risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.