Originally Posted by ACU:
“Agree well done to that judge. Hopefully other countries will look at this ruling and do the same.”
It's interesting that you say that, as Judge Koh delivered quite a lot of bad news for Samsung in her ruling, along with the good news (for Samsung) of denying a preliminary injunction.
Samsung look quite likely at this stage to be found guilty on infringing some of the rights asserted by Apple in this case at the main proceeding, which is scheduled to take place on July 30 2012. To have won a preliminary injunction Apple would have to had demonstrated that they would be likely to be done irreparable harm by Samsung's devices being on sale, which is specifically what the judge disagreed with. She did however indicate that Apple are indeed asserting valid rights that do appear to have been infringed on.
In particular Judge Koh said:
"Samsung appears to have created a design that is likely to deceive an ordinary observer"
and
"Apple has established a likelihood of success on the merits at trial."
and she also rejected Verizon and T-Mobile's 'public interest' arguments (which are actually rather self serving arguments):
"The Court granted third parties, Verizon Wireless and T-Mobile, administrative motions seeking leave to file amicus curiae briefs. These third parties have voiced concerns regarding the effects of a preliminary injunction on their ability to sell products to customers. While the Court is cognizant of the consequences to third parties of granting preliminary injunctions, no additional weight was placed upon the arguments contained in the briefs of amicus curiae. The amicus briefs focus either on private interests (the interests in being able to sell products) or are duplicative of arguments made by Samsung. If Samsung is infringing upon Apple's patents, it is no more acceptable for third parties to benefit from Samsung’s unlawful actions than it is for Samsung itself to benefit."
Samsung can breathe a sigh of relief for the moment, but at this stage the case looks likely to go Apple's way in the summer, which could lead to a permanent injunction and significant damages due to Apple.
