Apple is no longer trying to ban Samsung phones from first patent trial
Apple filed a motion with the U.S. Court of Appeals yesterday, dropping its cross-appeal of Judge Lucy Koh’s verdict in its lawsuit against Samsung, and officially ending Apple’s pursuit of a product ban for the rival company.
This motion only refers to the verdict of the 2012 trial, at which Samsung was found guilty of infringing on Apple patents to the tune of $1,049,343,540. Apple’s move to drop the sales ban request makes a lot of sense, considering that the devices under discussion for banning are now multiple generations old, and therefore banning their sale is a bit like telling Apple it can no longer sell the iPhone 2.
Apple most likely wants to focus its attention on banning the more recent devices under discussion from the second, more recent Samsung trial, which ended in May.
An excerpt from Apple’s filing can be found below:
“Pursuant to Federal Rule of Appellate Procedure 42(b), Plaintiff-Cross Appellant Apple Inc. (“Apple”) moves to voluntarily dismiss its cross-appeal, No. 2014-1368.
Apple further moves to reform the official caption of the remaining appeal (No. 2014-1335) to reflect the dismissal of Apple’s cross-appeal.
Counsel for Apple has conferred with counsel for Samsung Electronics Corporation, Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively, “Samsung”) regarding the substance of this motion. Samsung does not oppose the relief requested in this motion and will not file a response.
Apple accordingly requests that the Court grant its motion and dismiss its cross-appeal and reform the official caption to reflect the dismissal. A proposed order is attached.”