Judge Tells Apple Samsung Won't Wipe it Out

| 18 Dec 2012 10:45

Apple hasn't persuaded Judge Koh to impose a Samsung US sales ban.

In the latest twist in the Apple-Samsung patent war, Apple has been unable to persuade Judge Lucy Koh that a sales ban on Samsung's products in the US ought to be imposed. Judge Koh threw out the request, saying that Apple had lost sales, but that wasn't enough to support the irreparable harm criteria for a ban.

"Samsung may have cut into Apple's customer base somewhat," said Judge Koh in her ruling, "but there is no suggestion that Samsung will wipe out Apple's customer base, or force Apple out of the business of making smartphones. The present case involves lost sales - not a lost ability to be a viable market participant."

Apple had tried to argue that its "ecosystem" had somehow been damaged by the Samsung infringement, but Judge Koh was having none of it. Ecosystem, to her, was just another word for downstream sales, and while she was prepared to believe that Apple had lost sales, that harm wasn't enough to support a ban.

Nor was she convinced that the loss of sales necessarily had anything to do with the Samsung infringements. "Apple has simply not been able to make this showing," she declared.

Apple is expected to appeal this decision.

Source: Guardian

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