A ruling delivered today by the United States Court of Appeals for the Federal Circuit has given Apple another chance to ban Samsung smartphone sales that infringe on its patents.
The court has overturned a previous denial by Judge Lucy Koh in the massive legal battle between the two tech titans in 2012 where Apple claimed 26 Samsung devices were guilty of patent infringements. That means that Apple will have another chance to put forward a case for the permanent ending of sales of those devices.
Previously, Apple had the burden of proving that the “sole” reason for driving sales of the Samsung devices was the use of Apple’s patents – something the court found to be too strict. Apple will now have to show “some connection between the patented feature and demand for Samsung’s products” continuing to say that an injunction might be warranted if evidence shows that “the inclusion of a patented feature makes a product significantly more desirable” or that “the absence of a patented feature would make a product significantly less desirable.” The use of the word significantly seems to leave a lot open to interpretation but it is clearly a step down from the previous standard stating it must be the “sole” reason.
Apple had asked the court to remove any requirement to show that the patented feature drove Samsung’s smartphone sales. The appeals court did not agree to this but instead settled on what is clearly a lower threshold for Apple to overcome.
Ironically, a sales ban on the 26 devices listed would likely not impact on Samsung too much as many are obsolete today. However, the outcome of this case may set a precedent for future attempts by Apple to seek product bans, such as in the case set to take place next spring.
Might be time for Samsung to consider throwing in the towel.
Via: The Verge