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
153 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
153 months ago
Good. Banning products is the most ridiculous outcome that could happen.
Score: 6 Votes (Like | Disagree)
kdarling Avatar
153 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
153 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
153 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
153 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

AirPods Pro Firmware Feature

Apple Releases New Firmware for AirPods Pro 2, AirPods Pro 3, and AirPods 4

Thursday November 13, 2025 11:35 am PST by
Apple today released new firmware designed for the AirPods Pro 3, the AirPods 4, and the prior-generation AirPods Pro 2. The AirPods Pro 3 firmware is 8B25, while the AirPods Pro 2 and AirPods 4 firmware is 8B21, all up from the prior 8A358 firmware released in October. There's no word on what's include in the updated firmware, but the AirPods Pro 2, AirPods 4 with ANC, and AirPods Pro 3...
Tim Cook WWDC 2018

Report: Tim Cook to Step Down as Apple CEO 'as Soon as Next Year'

Saturday November 15, 2025 2:40 pm PST by
Apple is preparing for Tim Cook to step down as CEO of the company "as soon as next year," according to the Financial Times. The company's board of directors and senior executives "recently intensified preparations for Cook to hand over the reins," the report said. While the report said that Apple is unlikely to name a new CEO before its next earnings report in late January, it went on to ...
iPhone Pocket Short

iPhone Pocket Now Available to Order, But Already Selling Out

Friday November 14, 2025 6:20 am PST by
Apple recently teamed up with Japanese fashion brand ISSEY MIYAKE to create the iPhone Pocket, a limited-edition knitted accessory designed to carry an iPhone. iPhone Pocket is available to order on Apple's online store starting today, in the United States, France, China, Italy, Japan, Singapore, South Korea, and the United Kingdom. However, it is already completely sold out in the United...
apple silicon mac lineup 2024 feature purple m5

Apple's 2026 Mac Plans

Friday November 14, 2025 3:23 pm PST by
Most of Apple's Macs are slated to get M5 chips across 2026, and there's a possibility we'll even see the first M6 chips toward the end of the year. Updates are planned for everything from the MacBook Air to the Mac Studio. MacBook Air (Early 2026) The MacBook Air will be one of the first Macs to get a 2026 refresh, with an update planned for the first few months of the year. The MacBook...
best early black friday deals

Best Black Friday Apple Deals Live Now - Save on AirPods, iPads, and Apple Watches

Saturday November 15, 2025 1:45 pm PST by
We're officially in the month of Black Friday, which will take place on Friday, November 28 in 2025. As always, this will be the best time of the year to shop for great deals, including popular Apple products like AirPods, iPad, Apple Watch, and more. In this article, the majority of the discounts will be found on Amazon. Note: MacRumors is an affiliate partner with some of these vendors. When ...
tvOS 26 Profiles

tvOS 26.2 Adds a Useful New Feature to Your Apple TV

Friday November 14, 2025 10:02 am PST by
Starting with the upcoming tvOS 26.2 update, currently in beta, additional profiles created on the Apple TV no longer require their own Apple Account. In the Settings app on the Apple TV, under Profiles and Accounts, anyone can create a new profile by simply entering a name and indicating whether the profile is for a kid. The profile will be associated with the primary user's Apple Account,...
walmart new ornametns

Walmart Black Friday Deals Begin Today With Low Prices on Headphones, TVs, and More

Friday November 14, 2025 7:55 am PST by
Walmart's Black Friday sale has officially kicked off today, with an online shopping event that's also seeing some matching deals in retail locations. There are quite a few major discounts in this sale, including savings on headphones, TVs, and more. Note: MacRumors is an affiliate partner with Walmart. When you click a link and make a purchase, we may receive a small payment, which helps us...
CarPlay Pinned Messages

iOS 26.2 Adds New CarPlay Setting

Thursday November 13, 2025 6:48 am PST by
iOS 26 extended pinned conversations in the Messages app to CarPlay, for quick access to your most frequent chats. However, some drivers may prefer the classic view with a list of individual conversations only, and Apple now lets users choose. Apple released the second beta of iOS 26.2 this week, and it introduces a new CarPlay setting for turning off pinned conversations in the Messages...
CarPlay Liquid Glass Dark

Here's When Tesla is Expected to Add Support for Apple CarPlay

Sunday November 16, 2025 6:49 am PST by
In his Power On newsletter today, Bloomberg's Mark Gurman reiterated that Tesla plans to add Apple CarPlay support to its vehicles "in the coming months." This is easily the biggest news for the regular version of CarPlay in years, should Tesla actually follow through with offering the system in its vehicles. As noted by Gurman, this would be a stunning reversal for Tesla and its CEO Elon ...
best deals green hero

Best Apple Deals of the Week: Early Black Friday Deals Hit AirPods 4, M5 MacBook Pro, and More

Friday November 14, 2025 11:10 am PST by
Early Black Friday deals are in full swing this week, with best-ever prices available on AirPods 4, iPhone 17, M5 MacBook Pro, and much more. We're recapping all these deals below and more, also including great sitewide sales at Anker and OWC, plus Woot's popular steep discounts on Apple Watch bands. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and...