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Apple vs. Samsung: No ban on Samsung products but the $1 billion penalty stays

The courtroom drama between Apple and Samsung continues. Apple was denied injunctions against the Samsung devices found infringing, while Samsung wasn't able to get the initial verdict overthrown on grounds of misconduct.
December 18, 2012

As you may already know, Samsung and Apple are engaged in a long-winded courtroom fight where Apple is accusing Samsung of copying the UI and design of the original iPhone.

Last summer, a jury in San Francisco ordered Samsung to pay up around $1 billion in damages to Apple. The courtroom drama resumed on December 6, with Apple hoping that Judge Lucy Koh would agree on placing a permanent ban on the Samsung products that have been found infringing. On the other side, Samsung was hoping that Judge Koh would order another trial, based on an alleged misconduct of the jury foreman, Velvin Hogan.

To the disappointment of both parties, both requests were denied.

For Samsung, Judge Koh said that the court acted with reasonable diligence in discovering Hogan’s past during the jury selection process. On Hogan’s post-trial interviews Judge Koh said that they couldn’t be submitted as evidence unless Hogan said that his decision in the courtroom was influenced by his outside knowledge.

On the other hand, Judge Koh ruled that Apple didn’t provide sufficient evidence about customers mistakenly buying Samsung products  instead of Apple’s. She added:

“Neither statements about broad categories, nor evidence of copying, nor the conjoint survey provides sufficiently strong evidence of causation. Without a casual nexus, this court cannot conclude that the irreparable harm supports entry of an injunction.”

While neither Apple nor Samsung got what they wanted in today’s court session, Samsung still has to pay about $1 billion to Apple. But the show is not over. The Koreans are still hoping to get that sum reduced, while Apple wants the court to supplement the amount.