By Alessandria Masi - Cupertino-based Apple Inc (NASDAQ:AAPL) is attempting to get a permanent U.S. sales injunction on several Samsung Electronics Co (LONDON:0593xq). products, citing that they infringe on Apple’s patents.
Apple asked the U.S. District Court in San Jose for the ban on Friday but they are unlikely to win the case, according to Bloomberg News.
The demand for a permanent sales injunction is a result of Apple’s court case against Samsung earlier this month. Apple was awarded $119.6 million in damages following a jury verdict confirming Samsung had infringed on three of Apple’s patents. However, it was only a partial win as Apple had original asked for $2.2 billion in damages.
Apple has already tried to get a court-ordered sales ban on Samsung products in 2012. However, U.S. District Judge Lucy Koh ruled against it stating “there wasn’t a strong enough connection between Samsung’s infringement and the irreparable harm Apple said it was likely to suffer. In particular, she said Apple didn’t prove that the patented smartphone features at issue in the 2012 trial drive consumer demand for the infringing Samsung products,” Bloomberg News reported.
“Apple’s bid seems like a hard sell, given that it failed to achieve an injunction in the last trial with significant design patent infringement and similar feature patent infringement,” Michael Risch, a law professor at Villanova University, told Bloomberg.
Apple had originally filed five patent infringements earlier this month but Samsung was only guilty of infringing two, in addition to one in a sepearate case last January. The two were the "quick links" patent (no. '647) with a partial infringement of the "slide to unlock" patent (no. '721). In January, a jury found Samsung guilty of infringing on Apple’s text prediction patent (no. '172). In addition, Apple was found guilty of infringing on one of Samsung's parents around camera and folder organizing.
"Of course, we're pleased that the jury awarded Apple 6% of what they were asking for,” Samsung’s Attorney John Quinn said in a statement, released after the May 2 damages ruling. “But even that can't stand, because Apple kept out all the real-world evidence and didn't produce anything to substitute for it, so you have a verdict that's unsupported by evidence — and that's just one of its problem.”
However, Apple shows no signs of backing down. Earlier this month and Apple representative told ReCode that the "ruling reinforces what courts around the world have already found: That Samsung willfully stole our ideas and copied our products. We are fighting to defend the hard work that goes into beloved products like the iPhone, which our employees devote their lives to designing and delivering for our customers."
Below is a list of every Samsung smartphone Apple is hoping to ban:
Admire Galaxy Nexus Galaxus Note Galaxy Note 2 Galaxy S2 Galaxy S2 Epic 4G Touch Galaxy S2 Skyrocket Galaxy S3 Stratopshere