It seems as though Apple are looking to stick it to Samsung again in the legal arena. The Cupertino-based tech giant recently has recently requested that there be a ban of some 20 outdated Samsung smartphones in the U.S.
Most of these smartphones—if any—aren’t being carried in stores. You can find them by searching about Amazon, eBay, or Craigslist via merchants shilling used phones, but Samsung and other main stores simply aren’t carrying them or offering them new.
The motion was filed in the battlefield of recent Apple vs. Samsung battles, the U.S District Court of San Jose. The smartphones in question are ones that infringed on patents listed brought up in Apple’s 2012 victory.
However, District Court Judge Lucy Koh booted Apple’s initial request to ban infringing Samsung smartphones as she concluded that Apple couldn’t prove that the phones—by this time barely being sold as new—were damaging the current sales of their products.
That ruling was overturned by the Federal Circuit Appeals Court in November. It found that Judge Lucy Koh should’ve granted Apple their request to protect their patents even from devices no longer being sold in stores.
This opens a new battlefield on the Apple vs. Samsung patent war as the Cupertino firm goes forth to request that the particular models listed be banned from sale. While it might seem somewhat petty considering that devices detailed are—again—not being sold by Samsung, Apple is using the request as a means to nip other potential infringement encounters in the bud.
“Because Samsung frequently brings new products to market, an injunction is important to providing Apple the relief it needs to combat any future infringement by Samsung through products not more than colorably different from those already found to infringe,” Apple’s filing states.
There is a nugget of usefulness in this particular part of the battle chest as smartphone appearance and identifiable features change ever so slightly from the previous version—phones get larger displays, more power, a few new features, but work largely the same compared to other phones in that product line or device family.
What Apple argues is that if one Galaxy device is mentioned in the patent ban, then there’s good enough reason to seek and destroy a more recent one that is being sold as it’s roughly the same as the one in the potential patent banned, just updated and improved.
While we wait on pins and needles for the riveting outcome to this request, get your popcorn and comfortable chair ready for March’s legal showdown as Samsung attempts to fend off Apple once again! This suit will focus on patent infringement in regards to smartphones currently in retail circulation such as the Galaxy SIII!