Aug 28 AT 10:34 PM Sean Riley 20 Comments

Samsung safe from new injunctions until December 6th


Apple was quick on the draw to put forth their request for an injunction on eight Samsung phones following their recent court victory and the original schedule would have seen them bring those requests to bear sometime in September.

Fortunately for Samsung, Judge Lucy Koh wasn’t kidding when she said her dance card was going to be pretty full following the multi-week trial. So due to her schedule and the sheer volume of motions and requests coming out of Samsung and Apple following the verdict she has issued a revised court schedule which won’t have the parties getting back together to discuss any injunctions until December 6th.

Another tiny ray of sunshine for Samsung is that the one hearing they do still get to have is regarding lifting the existing injunction on the Galaxy Tab 10.1. That will come on September 20th and considering that was one of the few devices that was found not to infringe on Apple’s patents you have to like their chances.

If that effort is successful Samsung could be left with all of their products on the market through at least a healthy chunk of the holiday buying season and that prospect has to bother Apple at least a little bit. Considering how long in the tooth most of the infringing devices are it’s likely that in many cases they wouldn’t have been on sale beyond this holiday season regardless. Additionally for the limited number of devices that infringed only on software patents this could be the extra time Samsung needs to deliver an update to correct the infringing behavior.

Unless somehow Samsung does manage to get this ruling thrown out this is still a cut and dry victory for Apple and I’m sure Samsung will be more than happy to take any small measure of success right about now.

Via: The Verge

Sean has been with Android and Me for over 8 years and covering mobile for the last 9. He occasionally muses about gadgets and tech outside of the Android universe at Techgasms.

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  • BrandonJD

    In a way, this is a pretty easy to take loss for Samsung. Not only is the billion dollar amount not a huge amount compared to their quarterly profits, but the infringing products are so old that they will get to have the bulk of their last holiday sales season before they are even able to be taken off shelves.

    Other than a profit hit from the fine, seems like the rest is pretty painless. The biggest offenders arent even sold anymore.

    • thel0nerang3r

      That billion is 22% of their quarterly profit, I would consider that pretty significant.

    • klacebo

      The problem is that their stock market value dropped about 7~8% after their court loss, and their damage was somewhere in the area of 12$ billion:

    • Dillon (republican, Romney soon POTUS)

      Safe until Dec 6th and then what? Samsung doing a Pearl Harbor the very next day like asians did before? Samsung BETRAYED, they were guilty. They should be out of business forever, imho.

      • ibap

        What the heck are you talking about? I’m sure Apple is trying to figure out how to patent the colors black and white (and any other color you can display on a screen), and the shape of a rectangle, which would include the shape of a piece of paper.

        And no one here is interested in your political persuasion, which must explain the lucidity of your comments. Take it somewhere else.

      • phor11

        The Jury’s verdict will almost certainly be overturned after the Foreman told Bloomberg in an interview that they threw out Samsung’s prior art evidence due to a hardware consideration that wasn’t part of any of the patents.

        Some of the trade dress arguments will probably stick, so I don’t think Samsung will get off scott-free, but the damages will most certainly be MUCH lower if/when Apple loses its pinch to zoom, tap to zoom, and bounce-back patents due to blatant examples of prior art.

  • Richard Yarrell

    I agree with @BrandonJd…But more importantly with the overall sales about to BLOW UP with the extra colors of the Galaxy s3 and the announcement of the Galaxy Note 2 today at unpacked Samsung doesn’t have too much to worry about. I look forward to hearing not only will the Galaxy Note 2 be launched like the Galaxy S3 was this past summer but it will be on Tmobile by October 12th Friday….Yes my prediction I can do that…..We will find out if I was right or wrong today…Can’t wait……And I predict one last thing the Galaxy Note 2 WILL NOT APPEAR on Verizon. ONLY At&t and Tmobile first followed by Sprint. Verizon has that other crappy Lg Vu and the upcoming 1080p HTC Note 2 competitior….Let it rip commentors I will be back here late Wednesday night to check who commented why after the Samsung unpacked event of course…

    • ZR0ExX

      Please, do us all a favor and just stop..

    • Orion78

      You’re ALWAYS wrong with your baseless predictions. Shut up…..

    • SIG Sauer

      This isn’t Twitter, retard. You just reply to someone, you don’t type “@”. I thought we taught you that on Phandroid’s comments before you got your dopey ass banned? Of course, you’re the same person who doesn’t know what “rather” and “whether” mean. Simpleton.

  • fletchtb

    A little bit of good news never hurts!

  • triangle

    Finally, it looks like Sammie is catching a small break.

  • Nate B.

    And there on devices that are old now. They just won’t stop. I mean what else do you want. I rather them go after the old then the new devices that were released, but still…

    Apple focus on your never changing OS since 2007. All that success and can’t seem to innovate in any category.

  • OnIn2

    Samsung should pull all offending devices from the market. They’re new stuff is awesome

  • ibap

    Cut and “dried”, perhaps?

    And I wouldn’t put it past Apple to be trying to hatch something else in the meantime.

  • redraider133

    Well since the Jury said the galaxy tab does not infringe at least one device should be off the hook for samsung. Not to mention hopefully they can change what they need to software wise to try and avoid having some of the others banned also.

  • jswenson3

    tick tock Sammy, it’s gonna come faster than you think. Better brush up on your lawyering!

  • McLovin

    Safe is a relative term.  Just because these are legacy devices near end of life is irrelevant I think.  They serve as the precedence and then Apple can go after everyone.