Despite suggesting that through the use of patented technologies “Samsung may have cut into Apple’s customer base somewhat,” California court Judge Lucy Koh has ruled that the Korean company has not made sufficient dent in Apple’s sales figures as to warrant a sales ban.
Although Samsung will be pleased to see devices such as the Samsung Galaxy S3 remain on sale, the company will be forced to pay Apple $1.05 billion (£635m) in damages, having failed to overthrow the hefty fine imposed by Judge Koh earlier in the year.
“Samsung may have cut into Apple’s customer base somewhat, but there is no suggestion that Samsung will wipe out Apple’s customer base, or force Apple out of the business of making smartphones,” Judge Lucy Koh said. “The present case involves lost sales – not a lost ability to be a viable market participant.”
With Apple originally seeking a US sales ban on 26 separate Samsung smartphones and tablets, Judge Koh found that the Cupertino company had failed to show that the patent infringing elements of Samsung’s devices had been the key reason for their uptake over similar Apple products.
“Apple must have lost these sales because Samsung infringed Apple’s patents,” Judge Koh said. “Apple has simply not been able to make this showing.”
Speaking with the Guardian, Joff Wild, of Intellectual Asset Management magazine suggested that Judge Koh’s verdict was “the most sensational and unexpected twist” in the longstanding trial. They added: “A [sales ban] is what Apple wanted and it is what Samsung most feared. For two companies swimming in cash, the jury award was neither here nor there.”
Whilst Samsung has failed in its appeal against the lofty $1.05bn fine, it is expected that Apple will appeal the sales ban decision and keep the Apple vs. Samsung legal saga rolling.
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Do you think that is products are found to infringe on another company’s patents they should be automatically removed from sale or is a fine sufficient punishment? Share your thoughts on the matter with us via the Trusted Reviews Twitter and Facebook feeds or through the comment boxes below.