Apple's attempt to ban Samsung Android phones pushed back to December

Apple's attempt to ban Samsung Android phones pushed back to December

Summary: Judge Lucy Koh has set a December date for the injunction hearing, and the 20 September hearing that had been scheduled will now be taken up with Samsung's attempt to have a ban on its Galaxy Tab 10.1 tablet lifted.

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The judge in the US Apple-Samsung case has set a December date for a hearing in which Apple will argue for the banning of eight or more Samsung Android smartphones.

Lucy Koh will hear Samsung and Apple's arguments on 6 December, she reportedly said late on Tuesday. A hearing had already been set for 20 September, but that will now be taken up by Samsung's attempt to have a ban lifted on its Galaxy Tab 10.1 tablet.

Samsung Galaxy Tab 10.1
Samsung is fighting to have an injunction on sales of its Galaxy Tab 10.1 lifted. Image credit: Bonnie Cha/CNET News

Koh granted Apple a temporary injunction against the tablet before last week's verdict, but the jury then only found Samsung's smartphones to be infringing on Apple's patents.

As for the meat of that verdict — the $1.05bn in damages that Samsung has to pay Apple for past infringements — Samsung has filed (PDF) to have that put on hold while the court decides on its appeal.

The Korean manufacturer seems to be up for a fight, reportedly saying: "We will take all necessary measures to ensure the availability of our products in the US market."

However, an unnamed Samsung executive also told AFP that the company could, as a last resort, try to alter the functionality that the court found was infringing on Apple's patents.

Apple has said it has the right to ask for bans on all 28 of the Samsung Android phones that were found to be infringing. At the moment, though, it is only targeting eight: the Galaxy S 4G, Galaxy S II AT&T, Galaxy S II Skyrocket, Galaxy S II T-Mobile, Galaxy S II Epic 4G, Galaxy S Showcase, Droid Charge and Galaxy Prevail.

It is notable that none of these are in Samsung's latest line-up, so their banning would have limited effect. That said, Apple may yet try to extend the judgement to cover current flagships such as the Galaxy S III.

Topics: Apple, Mobility, Patents, Samsung, Tablets

David Meyer

About David Meyer

David Meyer is a freelance technology journalist. He fell into journalism when he realised his musical career wouldn't pay the bills. David's main focus is on communications, as well as internet technologies, regulation and mobile devices.

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6 comments
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  • Galaxy Tab 10.1 Was Apparently Found In The Trial To Be Non-Infringing

    If you want to see what a lottery these court cases are, just consider that the Galaxy Tab 10.1, which that court in Germany banned, was exonerated by the jury in this trial. How can that possibly be a sensible, consistent verdict?
    ldo17
    • Now hear this

      At one time the Altarians considered imposing their rule on us planet-wide, but they ultimately decided we're not important enough to bother with.
      Robert Hahn
    • You want non-sense? I give you one more

      This is already amended figure:
      Galaxy Tab 10.1 WiFi . . . . . .833,076
      Galaxy Tab 10.1 4G LTE . . . . . . . .0

      somehow adding LTE radio would make the Galaxy Tab not infringing... made you think do they just randomly assigning damages?
      Samic
      • yes jury found it noninfringing but assigned damages

        This has been cleared up and damages removed.
        stevey_d
        • Pay attention please

          This is already the amended figure. The one they changed was 7" from 2 million to zero:

          http://www.slashgear.com/apple-vs-samsung-amended-verdict-form-released-27244041/

          This is just one of the many inconsistancies in the verdict form even after the amendment
          Samic
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