APPLE’S PATENT VICTORY HELPS SAMSUNG FLUSH OLD INVENTORY

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Apple on Friday won a big victory against Samsung Electronics in the Federal Court of the Northern District of California.  A jury awarded Apple $1.05 billion in damages and found all seven of Apple’s patents valid and that Samsung infringed on six of them. Apple had not infringed on any of Samsung’s five patents.

Apple promptly filed a motion to ban eight Samsung devices. The initial speculation was that the ban decision would be made on September 20, when a hearing is scheduled to consider if the ban on the Galaxy Tab 10.1 should be lifted.

For Apple it is extremely important that the ban occurs quickly.  Any delay will give Samsung time to clear the old inventory and help stores stock alternative products that are not on the ban list.

Interestingly, Judge Lucy Koh has now set December 6 as the date to hear Apple’s motion to ban eight Samsung devices.  Certainly Judge Koh knew that giving so much more time to Samsung will make any ban meaningless. Why did the judge deliberately choose to delay any potential ban?

The wording of the order is such that some will question if Apple can still move for a preliminary injunction prior to December 6.  Perhaps the delay is due to overlapping issues between various post-trial motions and the request for injunction or perhaps there is more to it…Read more at Forbes

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