In the time of the first Apple v. Samsung trial in 2011, Apple requested an injunction to prevent Samsung from selling its Galaxy line of smartphones and tablets within the United States. Apple stated that the 23 products in question violated three of its multitouch software patents, including the scroll-back, tap-to-zoom, and pinch-to-zoom patents. Judge Lucy Koh then denied Apple's request, stating there was no proof Apple would be damaged if Samsung was able to continue the sale of its products.

apple_samsung_logos
In November 2013 however, the U.S. Court of Appeals for the Federal Circuit ruled that Judge Koh would be required to reconsider her decision to not ban Samsung devices that infringed on Apple products. In December, Apple formally filed another motion calling for a U.S. ban on Samsung products.

Now, FOSS Patents reports that Judge Koh has denied Apple's new bid calling for a U.S. ban on Samsung products, stating that the company has not proved that its infringed upon patents drive consumer demand for Samsung devices.

To persuade the Court to grant Apple such an extraordinary injunction—to bar such complex devices for incorporating three touchscreen software features—Apple bears the burden to prove that these three touchscreen software features drive consumer demand for Samsung’s products. Apple has not met this burden.

The ruling comes ahead of a second patent lawsuit between Apple and Samsung set to begin on March 13, 2014. Notably, Samsung will only be allowed to have four patent claims to bring to the trial, as Judge Koh voided two of its patent claims in January. Apple will be able to bring all five of its patent claims to the trial.

Top Rated Comments

kdarling Avatar
143 months ago
I think samsung should have to remove pinch to zoom tap to zoom and scroll back from all future products to avoid them being banned.
Apple didn't invent pinch or tap to zoom, nor do they have patents on those in general.

What they have, are patents on the idea of doing a certain action right afterwards. Which is ridiculous anyway, since no one should be able to patent gesture ideas, any more than someone should be able to patent a new guitar chord.

However, as you pointed out, that's the sad state of software patents right now, so Samsung indeed did modify their code to supposedly not infringe in later devices.

So the U.S. Court of Appeals for the Federal Circuit told judge Koh to reconsider her decision, but she did not take the hint, and came back with the same ruling stating that Apple "has not proved that its infringed upon patents drive consumer demand for Samsung devices".
Looking at history (see my Nov 2013 post (https://forums.macrumors.com/showthread.php?p=18412885)), almost every time Koh has allowed an injunction, it's backfired.

First, she allowed a pre-trial injunction on Samsung tablets. Oops, turned out that the jury said they did not infringe, so the injunction had to be lifted.

Then she allowed an injunction on a Nexus phone. Oops, appeals court reversed the injunction because it didn't meet a "causal nexus" requirement. That is, a patent on something that really made people choose which phone to buy.

Okay, so learning from the appeals court, she denied this current injunction request against Samsung phones because she didn't find a single causal nexus. Oops, the appeals court remands her decision to deny, adding onto their previous decision by now saying that a causal nexus could ALSO exist from an aggregate of patents.

And here we are. Apparently she did not find an aggregate causal nexus either.

Whew. It might be "good to be king", but sometimes it sucks to be a judge :)

.
Score: 6 Votes (Like | Disagree)
roadbloc Avatar
143 months ago
Good. Banning products is the most ridiculous outcome that could happen.
Score: 6 Votes (Like | Disagree)
kdarling Avatar
143 months ago
I am struggling with this judgment. If Apple cannot prove that Samsung is profiting from stealing three pattens that have been confirmed, then its okay for them to continue to steal them? Is that the interpretation here?
Nope.

First off, it's incorrect to use a word like "steal" in software patent cases, since there's almost never anything actually stolen. This is about infringement. Anyone can infringe without stealing code or seeing someone else's methods. Infringement is mostly about who manages to get a patent first. Which yes, is stupid in the case of software, but that's a different topic.

Secondly, Apple did prove infringement, but the devices that infringed haven't been sold in the US for years.

Thirdly, Samsung modified their code long ago to no longer infringe.

--

In short, this is NOT about any current infringement.

Instead, what Apple wanted was a ban precedent to use against any future infringements.

In other words, they want to be able to get injunctions based on what judges so far have seen as relatively minor (in relation to the entire device) consumer shopping points.

--

Apple's primary expert witness said his survey showed that consumers would pay an extra $400+ for a smartphone with just six "Apple features" included. ($40 just for bounceback, IIRC)

However, he did not convince that judge that people actually decide which phone to buy based on those features, since there are alternative features he did not offer, plus he didn't factor in supply and demand, etc.

And the judge is apparently correct about buyers, since tens of millions of people have indeed bought phones even without such fluff as the bounceback that Apple claims is worth so much that phones should be banned over it.

Moreover, as the ruling noted, "When the Court directly asked at oral argument, even Apple’s counsel could not represent that Dr. Hauser’s survey proves that the patented features drive demand for Samsung’s products."

TL;DR - Apple had wanted to set a precedent for future sales bans over relatively minor features, by first asking for a ban on old devices that are no longer sold. They did not convince the court that the minor features in question were the primary reason why Apple lost sales to Samsung.

.
Score: 4 Votes (Like | Disagree)
MH01 Avatar
143 months ago
How are patents stupid? How would you feel if you invented something I just came and stole the idea and made billions of dollars and cut into your profit?

The concept of patents is fine and sound.

It's the stuff that gets patented that makes same silly. Some patents are plain stupid and stifle innovation .
Score: 3 Votes (Like | Disagree)
Unggoy Murderer Avatar
143 months ago
So much for all the haters saying Judge Koh is pro-Apple. That's going to upset a lot of people...
Score: 3 Votes (Like | Disagree)
Oletros Avatar
143 months ago
is so obvious at least - let say - to me. even those people that own Samsung mobile products know that and usually buy one because of larger screen or something but most of them don't deny that their device is another copy of Apple's.Samsung even copies something that Apple just mentioned it, say, iWatch.

Yes, obvious to you, to most of the people both claims are wrong.
Score: 2 Votes (Like | Disagree)

Popular Stories

ios 18 4 carplay

iOS 18.4 Includes a Small But Useful Change for CarPlay

Sunday February 23, 2025 2:23 pm PST by
The first beta of iOS 18.4 is now available, and it includes a small but useful change for CarPlay. As we noted in our list of iOS 18.4 features, CarPlay now shows a third row of icons, up from two rows previously. However, this change is only visible in vehicles with a larger center display. For example, a MacRumors Forums member noticed the change in a Toyota Tundra, which can be equipped...
cook trump

Trump Responds to Apple Keeping Diversity Policies

Wednesday February 26, 2025 6:32 am PST by
In an all-caps post on Truth Social today, U.S. President Donald Trump said Apple should fully end its diversity, equity, and inclusion (DEI) policies. Tim Cook meeting with President Trump in 2017 "APPLE SHOULD GET RID OF DEI RULES, NOT JUST MAKE ADJUSTMENTS TO THEM," he wrote. Trump's post comes one day after Apple held its annual shareholders meeting, during which a majority of...
apple watch ultra snow

6 Features Coming to the Apple Watch Ultra 3

Tuesday February 25, 2025 9:00 am PST by
The Apple Watch Ultra 3 is expected to launch later this year, arriving two years after the previous model with a series of improvements. While no noticeable design changes are expected for the third generation since the company tends to stick with the same Apple Watch design through three generations before changing it, there are a series of internal upgrades on the way. By the time the ...
iPhone Fold Vertical Feature

Apple's 2026 Foldable iPhone Has No Visible Display Crease – Report

Tuesday February 25, 2025 2:58 am PST by
Apple is making significant headway on its long-rumored foldable iPhone, with a new report suggesting the company has achieved a major breakthrough by effectively eliminating the screen crease that plagues current foldable devices. According to Korean publication ETNews, Apple is finalizing its component suppliers for the foldable iPhone, with the selection process expected to be completed...
airtag orange

AirTag 2 Rumored to Launch in May or June With These New Features

Monday February 24, 2025 6:11 am PST by
Apple plans to launch a second-generation AirTag in May or June this year, according to a post today from a leaker known as Kosutami. Bloomberg's Mark Gurman previously reported that a new AirTag would be released in mid-2025. May or June would align with that timeframe. Below, we recap three new features rumored for the AirTag 2: With a second-generation Ultra Wideband chip, the...
iphone 17 lineup cad render majin bu

Revealed: Entire iPhone 17 Lineup's Striking New Camera Designs

Monday February 24, 2025 2:49 am PST by
A new CAD render of all the devices in Apple's upcoming iPhone 17 lineup has been shared online by leaker Majin Bu, specifically showing the allegedly different rear camera system designs of the standard iPhone 17, all-new ultra-thin iPhone 17 Air, and the iPhone 17 Pro and Pro Max models. The leaker Majin Bu has had some hits in the past, but some of his information has been wrong,...
trump iphone dictation issue

Apple Fixing 'Trump' Dictation Processing Bug

Tuesday February 25, 2025 1:18 pm PST by
Multiple iPhone owners today noticed a pronunciation processing issue that causes the word "Trump" to momentarily show up when using dictation to send a message with the word "racist." In some cases, when speaking the word racist through the iPhone's built-in dictation feature, the iPhone briefly interprets the spoken word as "Trump" and "Trump" text shows up in the Messages app before being ...
iOS 18

Apple Says iOS 18.4 Will Be Released in April With These New Features

Wednesday February 26, 2025 7:15 am PST by
In a recent press release, Apple confirmed that iOS 18.4 will be released in April. From the Apple News+ Food announcement:Coming with iOS 18.4 and iPadOS 18.4 in April, Apple News+ subscribers will have access to Apple News+ Food, a new section that will feature tens of thousands of recipes — as well as stories about restaurants, healthy eating, kitchen essentials, and more — from the...