On May 23, Apple Inc. filed a motion to permanently ban nine Samsung phone models following a jury verdict that Samsung Electronics Co. infringed three of its patent. The motion for permanent injunction against Samsung was filed with at District Judge Lucy Koh in San Jose, California.
If granted, nine Samsung models would be banned from being sold to the market - Admire, Galaxy Nexus, Galaxy Note, Galaxy Note 2, Galaxy S2, Galaxy S2 Epic 4G Touch, Galaxy S2 Skyrocket, Galaxy S3 and Stratosphere.
Samsung's newest product sin line, the Galaxy S4 and S5, are safe from the potential injunction.
According to the Public Version of Apple Motion for Permanent Injunction Against Samsung, the injunction shall cover not just the physical devices but any related "software or code capable of implementing any Infringing Feature, and/or any feature not more than colorably different therefrom," including software or code found in newer (even future) devices.
Apple Inc specified that it is not interested in money damages as money cannot pay off to the irreparable harm that Samsung's infringement caused the company.
"Money cannot adequately compensate Apple for the irreparable harm that it has suffered as a result of Samsung's unlawful infringement. It would be impossible to quantify the amount of money needed to make Apple whole in light of its damaged reputation as an innovator, for the market share that Apple has unfairly lost to a direct competitor like Samsung, or for the harm that would result if Apple is stripped of its right to exclude a 'fierce' direct competitor from using Apple's patented and unique technologies to compete against Apple itself," the company put in its motion.
Admittedly, Apple recognised that it lost significant sales and market share to Samsung.
"Apple also can independently show irreparable harm arising from the sales and market share that it lost as a result of Samsung's infringement. The trial record proves that Apple suffered sales-based losses for each of its infringed patents, and that consumers, Samsung, and Apple all view the three patented technologies as enabling key smartphone features."
However, Apple Inc. may not win the infringement given that a precedent, the U.S. trial in 2012 with the similar motion for injunction against Samsung, failed.
Speaking with Bloomberg, legal expert Michael Risch said that Apple's motion "seems like a hard sell, given that it failed to achieve an injunction in the last trial with significant design patent infringement and similar feature patent infringement."
Risch noted that Samsung found a way around the patents in question during the U.S. 2012 motion and had, in fact, incorporated the patents to Samsung Galaxy S3.
"It's unlikely that even a 'feature' injunction will have much of an effect on future products," Risch said.
In an emailed statement from Samsung spokesman Adam Yates, the company thinks that the motion for injunction breached fair competition.
"After the jury rejected Apple's grossly exaggerated damages claim, Apple is once again leaning on the court to push other smartphones out of the market. If granted, this would stifle fair competition and limit choice for American consumers."