Samsung spar over potential U.S. ban on smartphone sales
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[January 31, 2014]
By Dan Levine
SAN JOSE, California (Reuters) — Samsung sought to defeat Apple's bid for a permanent sales ban
against some Samsung smartphones, arguing in court on Thursday that
Apple's request was an attempt to instill fear among telecom
carriers and retailers that carry Samsung's products.
At a hearing in federal court in San Jose, California, Samsung
attorney Kathleen Sullivan told U.S. District Judge Lucy Koh that
the injunction would give the iPhone maker an opening to come back
to court quickly and argue that newer Samsung products should also
"An injunction would create fear and uncertainty for the carriers
and retailers with whom Samsung has very important customer
relationships," Sullivan said.
Apple attorney William Lee said that a jury has already found that
nearly two dozen phones infringed Apple patents, and that Apple Inc
has lost sales to a direct competitor.
"The natural, inexorable result is an injunction," Lee said.
Apple's request for the permanent injunction stems from the
companies' legal fight over various smartphone features patented by
Apple, such as the use of fingers to pinch and zoom on the screen
and design elements such as the phone's flat, black glass screen.
Apple has won U.S. jury verdicts against Samsung Electronics Co Ltd
totaling about $930 million.
Koh had previously rejected such a sales ban, but the U.S. Court of
Appeals for the Federal Circuit ordered her to reconsider in
Even though Samsung no longer sells the older-model phones targeted
by the injunction request, Apple has argued in court documents that
such an order is important to prevent Samsung from future copying
with new products "not more colorably different" than the defunct
Sullivan, the Samsung lawyer, argued that the injunction would allow
Apple seek other bans on new products on a much faster timeline than
through traditional patent litigation, which can take years.
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Koh did not say when she would rule on the request.
The chief executives for Apple and Samsung have agreed to a
mediation session, which will take place by February 19. The two
companies are scheduled to begin another trial in San Jose in March
over a separate batch of patents that involve Apple's Siri search
Samsung's phones use the Android operating system, developed by
Google. Samsung and Google announced a global patent licensing deal
The case in US District Court, Northern District of California is
Apple Inc vs. Samsung Electronics Co Ltd, 11-1846.
(Reporting by Dan Levine; editing by
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