Not prohibit the sale or a new trial. That's the verdict Monday night, December 17, 2012, by Judge Lucy Koh in charge of dispute between Apple and Samsung to court in California. Two weeks after hearing the arguments of the two rivals during a four-hour hearing, the judge has not granted clear victory for one of them. It will perhaps later announcing its decision on the amount of compensation that Samsung must pay Apple.
Guilty of patent infringement by a jury, the giant South Korean electronics was sentenced in August to $ 1.05 billion in the Apple group. Both sides claim an adjustment of the penalty. Samsung Justice too high, considering that the jury calculations overestimate the harm suffered by Apple. It hopes to the contrary, a higher amount considering that the financial loss has increased since the previous verdict.
A symbolic setback for Apple
With its success in the media trial of the summer, Apple also wanted to get the ban on the sale in the United States of 26 products incriminated Samsung - old models with the Galaxy SII. To do this, he must prove that the patents infringed by Samsung had played an important role in the purchasing decisions of consumers. But none of the arguments advanced by counsel for the group of Cupertino "does not provide strong enough evidence," said Judge Koh. "Without causation, this court can not conclude that irreparable harm justifying an injunction," she says.
The reverse is mostly symbolic for Apple. These 26 smartphones and tablets will be fully available for sale on American soil. But it's older models whose sales are now quite low, incommensurate with those of the Galaxy SIII. Early September, Apple launched a procedure for removing the smartphone flagship Samsung became the third quarter (ie before the launch of the iPhone 5) the device most sold in the world. The decision of the Judge Koh does not augur a positive outcome for Apple on this issue.
Time of peace?
For its part, Samsung has been denied its request for new trial. The South Korean group had put forward the behavior of Velvin Hogan, president of the jury, accused of being "deliberately dishonest" during the trial. It had not reported a previous dispute with Seagate, a group linked to Samsung. An argument did not convince the judge Koh. She preferred to Samsung's lawyers to their responsibilities: they could spread Velvin Hogan during jury selection.
The first decisions of Judge Lucy Koh (waiting for the financial compensation to be paid by Samsung to Apple) should not change much in the fight which no thank you to engage the two rivals. Many procedures are still ongoing and will last for months. Because a settlement agreement, similar to the one between Apple and HTC, still appears unlikely.
"I think it's time to make peace," was launched in early December the judge, who has already publicly expressed his exasperation with the army of lawyers on both sides. In vain.
Guilty of patent infringement by a jury, the giant South Korean electronics was sentenced in August to $ 1.05 billion in the Apple group. Both sides claim an adjustment of the penalty. Samsung Justice too high, considering that the jury calculations overestimate the harm suffered by Apple. It hopes to the contrary, a higher amount considering that the financial loss has increased since the previous verdict.
With its success in the media trial of the summer, Apple also wanted to get the ban on the sale in the United States of 26 products incriminated Samsung - old models with the Galaxy SII. To do this, he must prove that the patents infringed by Samsung had played an important role in the purchasing decisions of consumers. But none of the arguments advanced by counsel for the group of Cupertino "does not provide strong enough evidence," said Judge Koh. "Without causation, this court can not conclude that irreparable harm justifying an injunction," she says.
The reverse is mostly symbolic for Apple. These 26 smartphones and tablets will be fully available for sale on American soil. But it's older models whose sales are now quite low, incommensurate with those of the Galaxy SIII. Early September, Apple launched a procedure for removing the smartphone flagship Samsung became the third quarter (ie before the launch of the iPhone 5) the device most sold in the world. The decision of the Judge Koh does not augur a positive outcome for Apple on this issue.
Time of peace?
For its part, Samsung has been denied its request for new trial. The South Korean group had put forward the behavior of Velvin Hogan, president of the jury, accused of being "deliberately dishonest" during the trial. It had not reported a previous dispute with Seagate, a group linked to Samsung. An argument did not convince the judge Koh. She preferred to Samsung's lawyers to their responsibilities: they could spread Velvin Hogan during jury selection.
The first decisions of Judge Lucy Koh (waiting for the financial compensation to be paid by Samsung to Apple) should not change much in the fight which no thank you to engage the two rivals. Many procedures are still ongoing and will last for months. Because a settlement agreement, similar to the one between Apple and HTC, still appears unlikely.
"I think it's time to make peace," was launched in early December the judge, who has already publicly expressed his exasperation with the army of lawyers on both sides. In vain.
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