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APPLE ENSURES SALES BAN ON SAMSUNG SMARTPHONES

INTELLECT DESK
APPLE ENSURES SALES BAN ON SAMSUNG SMARTPHONES

With recent events unfolding in the most talked about Apple-Samsung feud, US District Judge Lucy Koh granted Apple’s prayer for a permanent injunction on Samsung devices that Apple claimed to be using their infringed patent’s technology. The sales of the devices that have been hit with the ruling include the Admire, Stratosphere, Galaxy Nexus, Galaxy Note, Galaxy Note 2, Galaxy S2, Galaxy S2 Epic 4G Touch, Galaxy S2 Skyrocket and lastly the Galaxy S3. 

Back in 2014, Apple had sought such an injunction but the US District Judge viewed that monetary damages were enough for the harm done to Apple. But troubles had not ended for Samsung there,  In September, the US Court of Appeals for the Federal Circuit disagreed with the previous ruling and observed that Samsung ought to be banned from selling certain devices that infringed Apple’s patent rights. 

"The court finds that Apple will suffer irreparable harm if Samsung continues to use its use of the infringing features, that monetary damages cannot adequately compensate Apple for this resulting irreparable harm, and that the balance of equities and public interest favor entry of a permanent injunction," Judge Koh reasoned behind the recent grant of injunction.

Many have expressed their opposition to such ruling as it may affect patent rights and lawful infringement suits in ways where many patent holders may seek bans on their competitor’s products or devices to eliminate them and dominate the market.

Many major technology companies have sided with Samsung in its fight to hold on to its dignity including eBay, Facebook, Google and Hewlett-Packard and Dell. A few law and business schools with legal experts urged the US Supreme Court to consider the patent-infringement case and the backlash that the adverse verdict may lead to.

These companies seek for the nation's highest court to redefine design-patent rights and limit the awardable damages. Apple v. Samsung is the platform they have chosen to serve their agenda hoping federal government will make necessary reforms, preventing shell companies from cashing in on intellectual property. It is feared that that the decision "will lead to absurd results and have a devastating impact on companies because of the long-term impact on how patent law is applied to technology products such as smartphones."
 

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