In major setback, Apple won't get injunction against Samsung

Posted by BernardSwiss on Dec 18, 2012 7:24 PM EDT
Ars Tevhnica; By Joe Mullin
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After spending almost three weeks this summer arguing to a jury that Samsung had persistently copied its products, Apple won a stunning $1.05 billion patent and trademark verdict. But after that win—which, if it holds up, will be the largest patent verdict in history—Apple continued to pursue a even bigger prize. It sought a court-ordered injunction that would kick Samsung phones off the market altogether.

Now it's clear, that's not in the cards. In an order [PDF] issued Monday, US District Court Judge Lucy Koh said that while Apple had established that "design, as a general matter, is important to consumers more broadly," it hasn't proven that infringement of its design patents caused "irreparable harm."

In a separate order [PDF], Koh put to rest Samsung's wish for a new trial because of alleged misconduct by the jury foreman, Velvin Hogan.

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