Apple Samsung Showdown Continues
October 2, 2012

Apple vs Samsung: Lifted Injunctions, Paid Bonds, And iPhone 5 Lawsuits

Michael Harper for — Your Universe Online

There´s been some movement in the long courtroom saga between Apple and Samsung lately. Though the big payout was issued in late August, legal representatives for both companies have been hard at work ever since, preparing for injunction hearings and threatening to continue the lawsuits well into the future.

Samsung was at the top of the heap yesterday as Judge Lucy Koh dissolved the injunction against the Samsung Galaxy Tab 10.1 just one weekend after the injunction hearings had begun. Judge Koh had first issued the preliminary injunction herself in June, saying Samsung did “not have a right to compete unfairly, by flooding the market with infringing products.”

At the time, Judge Koh had said she expected Apple to prevail and the court would find that Samsung had been infringing on their iPad D´889 design patent. Several court days and a $1 billion in damages verdict later, the D´889 wasn´t found to be infringed in Samsung´s designs, a point Samsung used in their plea to have the injunction removed.

Samsung asked for this injunction to be lifted in early September, but was denied by Koh as Samsung had already taken their matter to the US Court of Appeals for the Federal Circuit. The CAFC later remanded this issue to Koh, giving her the power to make the final call.

As a part of the preliminary injunction in June, Koh ordered Apple to pay a $2.6 million bond in case the injunction turned out harmful for Samsung.

According to court filings, this bond will now be retained by the court until the final decision has been made.

While this dissolves Judge Koh´s June decision for a preliminary injunction against the Tab 10.1, Apple could still manage to persuade the court to install a new, permanent injunction against the Tab 10.1 as the 2 companies head out to settle a host of post-trial matters in December.

“Even if Apple ultimately prevails on its post-trial motions, any permanent injunction would be prospective and not retroactive. Furthermore, the public has no interest in enjoining a non-infringing product, and thus any market disruption caused by dissolution would be insignificant compared to Samsung´s interest in restoring its product to market,” reads the court ruling to dissolve the June preliminary injunctions.

Samsung has also finally made good on their promise to sue Apple if they released the iPhone 5. Shortly after the iPhone was unveiled, Samsung announced their intentions to sue, saying the iPhone 5 which was shown off on September 12th was likely to violate 8 patents which Samsung is already accusing Apple of violating in a California court, 2 of which are standards essential. According to a September court management statement on, Samsung told the court, “Based on information currently available, Samsung expects that the iPhone 5 will infringe the asserted Samsung patents-in-suit in the same way as the other accused iPhone models.”

Now that the iPhone 5 has shipped, Samsung says they´ve had an opportunity to investigate the iPhone 5 and have "determined that the iPhone 5 practiced its patented technologies."

According to a court filing from Samsung, the “iPhone 5 has the same accused functionality as the previously accused versions of the iPhone, so the proof of infringement of the patents-in-suit by the iPhone 5 is the same as for other Apple devices already accused of infringement in this litigation.”

These 2 companies may have had their big showdown late this summer, but it was hardly their last.