Apple asserts in its injunction that the continued sales of Samsung’s infringing devices would cause irreparable harm to the Cupertino company. Apple added that a monetary award cannot adequately compensate the company for this harm. This motion for an injunction includes older Samsung devices such as the Admire, Galaxy Nexus, Galaxy Note, Galaxy Note II, Galaxy S II, Galaxy S III, and others.
Besides legacy devices, Apple also asked that the ban be extended to new and future devices that include “software or code capable of implementing any Infringing Feature, and/or any feature not more than colorably different” from the infringed Apple features.
As pointed out by Mueller, the chance of Apple being granted an injunction is not favorable, with Judge Lucy Koh denying two earlier injunction requests by the Cupertino company.
“Apple’s track record with U.S. injunction motions against Samsung does not suggest that an injunction will issue, or that it would be upheld by the appeals court should Judge Koh suddenly lower her standard for injunctive relief,” writes Mueller.
In a separate filing, Apple asked for a retrial in the damages portion of the case. As part of its decision, the jury awarded Apple $119.6 million for Samsung’s infringement, a dollar amount that was significantly less than the $2.2 billion Apple had requested during the trial.Like this post? Share it!