Apple filed a motion this week that seeks to renew the tech giants attempt to win a sales ban on certain Samsung products in the US. Apple wants to stop the sales of certain Samsung products in the US that were found to infringe on Apple patents for utility and design. These patents were at the heart of the Apple vs. Samsung trial back in 2012.
The patent war between Samsung and Apple has been long and, to whatever extent possible, bloody, with both sides seeing some victories and defeat. Ultimately, Samsung has suffered some major financial blows, and now Apple wants to add upon that burden, filing a motion to have the Korean company take on some of its legal fees -- to the tune of $15.7 million.
Samsung and Apple have been fighting in court for a long time over allegations of patent infringement on both sides. Apple won the case against Samsung for patent infringement having to do with Samsung infringing on patents for Apple features like pinch to zoom. The jury made an award to Apple in that case, but the judge set aside about $450 million of that award.
A new verdict has been reached in the Apple vs Samsung case, a verdict which has awarded the former with $290 million in damages vs the latter. This is the latest in the ongoing battle between Apple and Samsung over patent issues surrounding devices such as the iPhone and the Samsung Galaxy S. Earlier last year we saw the first verdict in this case, one that awarded Apple more than 1 billion dollars in damages against Samsung. NOTE: The current adjusted total damages for Samsung ends up being approximately $888 million USD.
A ruling has been passed down today by an appeals court which says U.S. District Judge Lucy Koh must spend more time considering evidence offered by Apple in arguments that certain Samsung devices should be banned from sale. In this ruling, the appeals court currently working on the case agreed unanimously that Koh "made errors" in her denial of Apple's request for a court injunction against 26 Samsung products.
Apple and Samsung have been in court fighting each other over alleged patent infringement a number of times over the years. Back in August 2012, Samsung was found guilty of infringing on six patents owned by Apple. The jury awarded Apple one of the largest payouts ever given in a case of this sort for total of $1 billion.
Samsung has promised not to threaten rivals with injunctions over mobile standards-essential patents for the next five years, as the Korean firm attempts to evade antitrust penalties after being accused by Apple of misusing its 3G IP. According to Apple, while it offered to license the standards-essential technology for use in the iPhone, Samsung instead tried to have an injunction levied against the iOS device, which the European Union says could amount to antitrust behavior. Now, "Samsung has offered to abstain from seeking injunctions for mobile SEPs for a period of five years against any company that agrees to a particular licensing framework" the EU has confirmed.
On August 9, Samsung took a legal blow as the ITC ruled it had violated two of Apple's patents, something leading to an import ban against certain products. Though Apple had successfully had an ITC product ban overturned by the Obama administration, Samsung wasn't so lucky with its own request, and now Apple is seeking a wider import ban in the US.
Samsung's hopes that the US government would overturn an ITC ban on certain smartphones and tablets, just as President Obama's White House did for a similar ban on Apple devices, have been dashed, with the fast-approaching sales block upheld. The South Korean company had approached the US trade representative in August, arguing that a ban on several of its Android devices were counter to the public interest and requesting a stay on the sales block, just as Apple had been granted over an injunction it had been granted. However, Bloomberg reports, Obama's trade chief refuses to play ball.
Apple and Nokia battled patent disputes in court for a long time and ultimately Apple agreed to license certain Nokia patents. The exact terms of that license agreement were confidential and closely held by both Apple and Nokia. However, during the legal battle between Apple and Samsung those documents were presented to attorneys handling the case as part of their normal preparatory paperwork.