December hearing on Samsung phone ban

2012-08-29 22:12

San Francisco - The judge in the landmark Apple-Samsung case set a 6 December hearing on punitive damages to the US firm for patent infringement and on whether to ban eight Samsung phones in the US market.

A court order signed by Judge Lucy Koh on Tuesday and made available on Wednesday said she may hold a hearing on 20 September on a preliminary injunction sought by Apple against the South Korean electronics giant.

A hearing on a permanent injunction, or sales ban, was set for 6 December along with debate on whether to triple the jury award of over $1bn.

Because the jury last week found that Samsung "wilfully" infringed on Apple patents for its iconic iPhone, the judge may triple the award as a punitive measure.

Apple has asked the court to ban some of the newer 4G phones from Samsung's Galaxy line as well as the Droid Charge sold through Verizon.

The case does not include Samsung's newest Galaxy S III, which was released subsequent to the suit but which is facing separate litigation.

Apple asked the US District Court in San Jose, California to issue a preliminary injunction on the eight devices as a permanent injunction is debated.

The phones include the Galaxy S 4G, Galaxy S2 AT&T model, Galaxy S2 Skyrocket, Galaxy S2 T-Mobile model, Galaxy S2 Epic 4G, Galaxy S Showcase, Droid Charge and Galaxy Prevail.

Samsung meanwhile asked the court to dissolve an injunction on its Galaxy Tab 10.1, after the jury found it did not infringe on Apple's design patent for the iPad tablet.

Koh said she would probably hear arguments on that motion on 20 September.

  • james.lea.963 - 2012-08-30 07:47

    The case was held in the USA. Apple is an American co. & Samsung a Korean co. I assume the jury were all American! If so, surely this is a biased verdict?

      adrian.tyler - 2012-08-30 07:59

      It certainly is, because both devices were banned in South Korea for copyright infringements of each other's devices. At least it was a fair ruling there.

  • adrian.tyler - 2012-08-30 07:48

    I didn't read this article but all I wish is that Samsung and Apple drop all these lawsuits and patents and just go head to head and see who comes out on top. It is very clear that they have both copied techniques from one another, so just drop it and handle the competition like a man!

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