Apple in Pole Position After Appellate Hearing on U.S. Sales Ban Against Samsung

There has been a lot of media coverage of the Import ban Apple won against Samsung at the USITC last Friday. However, there was a Federal Circuit’s appellate hearing relating to the denial of a permanent injunction against Samsung products infringing half a dozen Apple patents. This case dates back to 2012, when Apple was awarded nearly 1.2 billion dollars in damages against Samsung (this amount has since been reduced). Nevertheless, Apple is still determined to get the ban.

Here is the MP3 recording of the hearing.

According to Florian Mueller, Apple will be granted a permanent injunction against Samsung over some if not all of the six patents and the trade dress a California jury found infringed almost a year ago, based on his interpretation of what transpired at that hearing. I’m not so sure. I believe it’s 50/50.

In spite of that, I think we both agree that winning this appeal is far more significant to Apple than the import ban granted on last Friday by the USITC.

Here is Mueller’s take on the significance of this Appeal:

And that sales ban will, contrary to widespread misbelief and ignorance, not be limited to a few mostly obsolete products but will also apply to newer infringing products that are “no more than colorably different”, which a judge clarified is not overbroad (as Samsung alleged) but simply the standard language. Also, the patents at issue in this particular case aren’t nearly as important as two other sets of partly much more powerful patents with respect to which Apple may seek injunctive relief in the rather near term

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