Apple has requested a permanent injunction blocking the sale of certain Samsung Android devices that were found to have infringed on Apple’s patents. To no one’s surprise, Samsung has countered the Cupertino company’s arguments, saying that would be a bad idea, as it would only serve to confuse the buying public.
Samsung’s reasoning for trying to block a permanent injunction is that it “would not stop any ongoing infringement, for Samsung has either discontinued the accused products or designed around any infringing features in the ones it still sells,” according to FOSS Patents.
Apple won a huge victory in August 2012, when a jury ruled that numerous Samsung devices infringed on Apple’s patents. Apple was awarded over $1 billion in damages, and new trial has been set for November to re-determine what damages should be awarded on 13 of those infringing devices, after the jury improperly set the monetary value for said devices.
As part of its argument against a permanent injunction on those devices, Samsung said, “The only effect of an injunction would be to confuse and intimidate Samsung’s carriers and retailers with respect to non-accused products never adjudicated in this case, harming Samsung’s longstanding market relationships.”
Basically Samsung is saying retailers and consumers will be confused, and won’t know which Samsung products they can, and cannot be legally sold. Apple did add weight to Samsung’s argument when they sent a letter to retailers last year, warning them of the preliminary injunction, even though most of the products on the list were either no longer offered for sale by the Korean company, or had updates that worked around the infringements.
The judge presiding over the case, Judge Lucy Koh, denied Apple’s request for a permanent injunction, which led to the appeal Samsung is currently waging its battle against. Judge Koh will also preside over the new damages trial this fall.
Apple will be given the opportunity to reply to Samsung’s filing, but hasn’t as yet commented on the litigation.