Linked by Thom Holwerda on Thu 7th Mar 2013 10:35 UTC
Legal "Apple vs. Samsung initially ended with a billion-dollar verdict in favor of Apple, but there have been plenty of wrinkles since. This week brought about another, as Nokia filed an amicus brief on behalf of Apple, Inc. in the US Court of Appeals for the Federal Circuit. In the brief filed Monday, Nokia asked the court to permit permanent injunctions on the sale of Samsung phones that were found to infringe Apple's patents." In the meantime, the latest comScore figures for the US show that Windows Phone's market share actually declined during the launch of Windows Phone 8. It's pretty clear that, combined with the disappointing quarterly results for Nokia, the company is setting itself up for the future. In this future, Nokia's patent portfolio is worth more than their actual phone business, and as such, Nokia can't do anything but support Apple in this case, else the value of their portfolio goes down.
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RE: injunctions for what?
by Nelson on Thu 7th Mar 2013 19:01 UTC in reply to "injunctions for what?"
Nelson
Member since:
2005-11-29

Wrong. Read up on patent case law in the US.

Irreparable harm is caused to Apple because patents have a finite lifespan, and every second that Samsung is allowed to continue to infringe is time Apple will never get back.

This comes with the caveat that its at the Judge's discretion, and this has usually worked well. Judge's have been very fair about balancing monetary damages vs injunctive relief.

The issue at hand is that after Samsung has been found by the Jury to infringe something like a dozen patents, many of them willfully, and across a span of many devices, the Judge is still reluctant to grant an exclusion order.

This is radical and unprecedented, ESPECIALLY for a non preliminary request, and why Nokia filed its amicus brief.

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