Two months following the $1.05 billion August 2012 ruling finding Samsung had infringed Apple’s patented technology (non-standard-essential patents, to be precise), the iPhone maker expectedly sought a permanent U.S. sales ban on infringing Samsung devices.
Unfortunately, U.S. District Judge Lucy Koh denied Apple’s injunction request on the merit that it would not be in the public’s best interest to halt handset sales just because Samsung copied a few features from the iPhone.
Shortly after, Apple filed an appeal and today the United States Court of Appeals for the Federal Circuit has given notice of a scheduling decision – the two parties will face each other off again on August 9…
According to the ruling highlighted by patent expert Florian Müeller, “the panel of judges that will decide the appeal, upon further consideration, may yet disallow oral argument”.
That’s not very likely so we’re probably looking at a major showdown as the two tech titans lock horns come August 9, all over again.
Each side could easily re-assert its arguments relating to the injunction, meaning the case could (and probably will) drag on for some time before the decision is reached.
Müeller acknowledged as much, writing “what could very well happen is a second hearing in front of the full court” on his FOSS Patents blog.
Whichever way you look at it, the hearing will be important because without an injunction Apple is unlikely to collect the damages. Watchful readers might remember Judge Koh also lowered the damages amount by about $450 million in March of this year.
Coincidentally, just four days earlier – on August 5 - Apple is scheduled to fight a U.S. sales ban on older iPhone and iPad models after the U.S. International Trade Commission found those devices in violation of Samsung-owned 3G cellular patents.