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Apple vs. Samsung: The Case So Far

Shea Huffman |
September 20, 2012 | 2:44 a.m. PDT

Staff Reporter

 

Samsung's Galaxy S II Epic 4G is one of the smartphones Apple's injunction seeks to ban from sale in the U.S. (Image courtesy of Wikimedia Commons)
Samsung's Galaxy S II Epic 4G is one of the smartphones Apple's injunction seeks to ban from sale in the U.S. (Image courtesy of Wikimedia Commons)
The Apple vs. Samsung lawsuit continues today with a preliminary hearing on possible permanent injunctions to ban eight Samsung products after a jury awarded Apple $1.049 billion last month for patent infringements on the iPhone.  How the case has played out so far will determine if and which Samsung products, like the popular Galaxy S II smartphone, will be banned from sale in the U.S.

The core of the case hinged on Apple’s claims that the South Korean-based Samsung had willfully infringed on hardware and software patents for the iPhone and iPad through 28 products, notably including the Galaxy series of smartphones and tablets.  Apple argued that this infringement caused a dilution of their brand, and thus confusion among consumers that caused financial damage.

Apple originally sought $2.5 billion in damages and injunctions banning Samsungs products from sale.  Samsung denied Apple’s claims and said consumers were not confused or deceived about the products in question.  Samsung even countered Apple’s claims with its own, saying Apple infringed on a number of wireless communication patents, but the jury rejected this claim.

In closing arguments, lawyers for each company accused the opposite side of seeking to gain an unfair advantage in the $312 billion smartphone business.  According to a report by Reuters, Samsung attorney Charles Verhoeven argued a verdict for Apple would stifle competition, since other devices using the popular Android operating system like Samsung could be affected.

From Reuters:

"Rather than competing in the marketplace, Apple is seeking a competitive edge in the courtroom," Verhoeven said. Apple thinks "it's entitled to having a monopoly on a rounded rectangle with a large screen. It's amazing really."

Apple’s lawyers relied on the chronological evidence of internal Samsung documents they claim showed that the company was working on smartphone designs and comparing them to Apple’s. The jury eventually agreed with Apple’s infringement claims on most of the 28 devices named in the suit, and awarded them damages.

Samsung’s Galaxy Tab 10.1 tablet computer was among the devices not found to infringe in the jury’s verdict, but federal judge Lucy Koh blocked Samsung’s motion to dissolve an earlier injunction temporarily banning its sale, citing issues with the appeals process that limit her authority.

At the hearing today, Samsung will have to convince Koh to reject Apple’s permanent injunctions, which could ban a large chunk of the company’s Galaxy smartphone lineup.  Samsung is also preparing for a ruling against them, however, by working to update the phones to remove any infringing software.

This method will not resolve the hardware infringement issues, though, so Samsung will have to rely on a favorable ruling at the hearing, or the appeals process.

Samsung’s newest smartphone, the Galaxy S III, is not affected by the lawsuit or its verdict.

You can reach Staff Reporter Shea Huffman here or follow him on Twitter.



 

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