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Samsung's Chutzpah Over The Apple Patent Ruling

This article is more than 10 years old.

Oh my, I think this is wonderful, just entirely gorgeous. There's someone in that Samsung management or legal team who has great big, umm, this is a family site, so great big wheels on his brass cannon. Their immediate reaction to losing on of the largest intellectual property cases ever is to insist that the judge must lift the current prohibition on their selling their product.

Samsung Electronics Co. (005930), ordered by a U.S. jury to pay Apple Inc. more than $1 billion for infringing six mobile device patents, asked a judge to lift a ban on the U.S. sales of the Galaxy 10.1 tablet computer.

The point being that back in June Apple won an injunction stating that Samsung could not sell the Galaxy 10.1 in the US because it appeared that it violated Apple patents. That injunction was granted. Now that we've had the trial the jury decided that the Galaxy 10.1 did not in fact violate Apple's patent. Although do not that this does not mean that the Galaxy is free of all possible infringements, only that it is free of the one specific one that was tried.

What makes this even better to my mind is that now that the Galaxy has been found to be not infringing the Samsung should (perhaps might is more accurate?) be eligible for damages from Apple on the grounds of lost sales. And it certainly seems like they're asking for them:

The Suwon, South Korea-based company said in yesterday’s filing that it’s entitled to recover damages caused by the imposition of the improper ban on the sales of the tablet.

I've no particular side in any of these patent fights other than that I really do hope that at the conclusion of everyone suing everyone we end up with a clear and easily applicable patent law. I'm not even sure that I'm all that worried what that law is, as long as it is clear and enforceable. But I do think it's most amusing that what has been hailed as a clear win for Apple has in fact left it open to a claim for damages from Samsung. Something that wouldn't be true if only they had delayed asking for the injunction against sales until the conclusion of this recent trial.