Samsung Won’t Be Banned in the USA

Apple and Samsung’s court battle over Samsung infringing on copyrights in the US has been the most talked about court-case this year (at least on this blog) and no one could have foreseen the jaw-dropping result – Samsung paying out over $1 billion. But Apple haven’t won it all as we find that none of the Korean firms devices will be banned from sales in the USA.

Judge Lucy Koh said, “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.” That roughly means that Samsung may have infringed copyrights but Apple can not prove that those infringements would not have enough of an impact, or any impact, on Apple’s profits to warrant banning them. As in, “you’re a big boy Apple – hold your own.”

Despite the sort of victory for Samsung here, it still hasn’t managed to get a retrial on the basis of the jury foreperson being biased. Velvin Hogan has dealings with Seagate, a company linked to Samsung, and they claimed this would bias him(those “dealings” were the fact that Hogan had gone bankrupt trying to sue Seagate, by the way) . However, in her closing statement said, “Parties [in the trial] waive their right to challenge the jury’s impartiality if they are aware of the evidence giving rise to the motion for a new trial or fail to exercise reasonable diligence in discovering that evidence.”

So, Samsung have had a minor victory in what can only be described as a most terrible year in court. Huzzah!

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