The ongoing legal tussles between Apple and Samsung will no doubt continue into 2013. Still, recent events have brought some clarity to the struggle, at least in some countries.
The first set of news concerns post-trial moves in the landmark patent infringement case heard earlier this year. In it, a California jury had awarded Apple $1 billion.
The Verge noted that U.S. District Judge Lucy H. Koh has refused Samsung’s request for a new trial on the claims of misconduct.
Meanwhile, Bloomberg reported that Koh has rejected Apple’s latest request to have 36 Samsung devices banned in the U.S.
Koh said in court:
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. The present case involves lost sales — not a lost ability to be a viable market participant.
Finally, FossPatents states that Samsung will not move forward with requests for sales bans against Apple in Europe.
There can be no doubt whatsoever that the European Commission was behind this. Samsung would never have done this voluntarily, especially not in jurisdictions such as Germany that do not rule out SEP-based injunctions at all. Nor are there signs of a partial or complete settlement (otherwise there would have been a joint announcement, with Apple also dropping some claims). The only plausible explanations for this unilateral withdrawal involve the European Commmission. One is that the European Commission presented Samsung with Hobson’s Choice, and the other possibility is that Samsung altered course before reaching that point.
As usual, we’ll keep you updated on the continuing feud between Apple and Samsung as we head into the new year.