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

The essential guide to IT transformation

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. ®

Secure remote control for conventional and virtual desktops

More from The Register

next story
'Stop dissing Google or quit': OK, I quit, says Code Club co-founder
And now a message from our sponsors: 'STFU or else'
Ex US cybersecurity czar guilty in child sex abuse website case
Health and Human Services IT security chief headed online to share vile images
Uber, Lyft and cutting corners: The true face of the Sharing Economy
Casual labour and tired ideas = not really web-tastic
Don't even THINK about copyright violation, says Indian state
Pre-emptive arrest for pirates in Karnataka
The police are WRONG: Watching YouTube videos is NOT illegal
And our man Corfield is pretty bloody cross about it
Oz biz regulator discovers shared servers in EPIC FACEPALM
'Not aware' that one IP can hold more than one Website
Apple tried to get a ban on Galaxy, judge said: NO, NO, NO
Judge Koh refuses Samsung ban for the third time
Pedals and wheel in that Google robo-car or it's off the road – Cali DMV
And insists on $5 million insurance per motor against accidents
prev story

Whitepapers

Top 10 endpoint backup mistakes
Avoid the ten endpoint backup mistakes to ensure that your critical corporate data is protected and end user productivity is improved.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Backing up distributed data
Eliminating the redundant use of bandwidth and storage capacity and application consolidation in the modern data center.
The essential guide to IT transformation
ServiceNow discusses three IT transformations that can help CIOs automate IT services to transform IT and the enterprise
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.