Apple wont know until December 06 whether it has succeeded in banning Samsung devices.
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December 06 has been set as D-Day for Apple’s application to permamently ban eight Samsung smartphones including several Galaxy S 2 models, Droid Charge, Galaxy Prevail, Galaxy S 4G, from sale in the US.
Most of the latter devices are not on sale in Australia and all are old models, the Galaxy S 2 being Samsung’s hero device last year.
Initally Apple wanted to have 28 phones banned but scaled back the number of devices it sought a permanent injunction for to just eight, which it said would “address a portion of the immediate, ongoing irreparable harm that Apple is suffering.”
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“Having considered the scope of Apple’s preliminary injunction request, the additional post-trial motions that the parties have already filed and will file, and the substantial overlap between the analysis required for Apple’s preliminary injunction motion and the parties’ various other post-trial motions, the Court believes consolidation of the briefing and hearing on the post-trial motions is appropriate,” Judge Lucy Koh wrote in a court order yesterday.
On Friday last, a 9-panel judge ruled Samsung “wilfully” infringed six out of seven of Apple patents and trade dress of iPhone, awarding Apple $1.05 billion in damages, at a Californian court located near Silicon Valley.
Korean giant Samsung has since said it will fight Apple using “all necessary measures” and said it already has workarounds for two patents that relate to technology built into the Galaxy SII, which Apple says violates its patented technology.