In the time of the first Apple v. Samsung trial in 2011, Apple requested an injunction to prevent Samsung from selling its Galaxy line of smartphones and tablets within the United States. Apple stated that the 23 products in question violated three of its multitouch software patents, including the scroll-back, tap-to-zoom, and pinch-to-zoom patents. Judge Lucy Koh then denied Apple's request, stating there was no proof Apple would be damaged if Samsung was able to continue the sale of its products.

apple_samsung_logos
In November 2013 however, the U.S. Court of Appeals for the Federal Circuit ruled that Judge Koh would be required to reconsider her decision to not ban Samsung devices that infringed on Apple products. In December, Apple formally filed another motion calling for a U.S. ban on Samsung products.

Now, FOSS Patents reports that Judge Koh has denied Apple's new bid calling for a U.S. ban on Samsung products, stating that the company has not proved that its infringed upon patents drive consumer demand for Samsung devices.

To persuade the Court to grant Apple such an extraordinary injunction—to bar such complex devices for incorporating three touchscreen software features—Apple bears the burden to prove that these three touchscreen software features drive consumer demand for Samsung’s products. Apple has not met this burden.

The ruling comes ahead of a second patent lawsuit between Apple and Samsung set to begin on March 13, 2014. Notably, Samsung will only be allowed to have four patent claims to bring to the trial, as Judge Koh voided two of its patent claims in January. Apple will be able to bring all five of its patent claims to the trial.

Top Rated Comments

kdarling Avatar
152 months ago
I think samsung should have to remove pinch to zoom tap to zoom and scroll back from all future products to avoid them being banned.
Apple didn't invent pinch or tap to zoom, nor do they have patents on those in general.

What they have, are patents on the idea of doing a certain action right afterwards. Which is ridiculous anyway, since no one should be able to patent gesture ideas, any more than someone should be able to patent a new guitar chord.

However, as you pointed out, that's the sad state of software patents right now, so Samsung indeed did modify their code to supposedly not infringe in later devices.

So the U.S. Court of Appeals for the Federal Circuit told judge Koh to reconsider her decision, but she did not take the hint, and came back with the same ruling stating that Apple "has not proved that its infringed upon patents drive consumer demand for Samsung devices".
Looking at history (see my Nov 2013 post (https://forums.macrumors.com/showthread.php?p=18412885)), almost every time Koh has allowed an injunction, it's backfired.

First, she allowed a pre-trial injunction on Samsung tablets. Oops, turned out that the jury said they did not infringe, so the injunction had to be lifted.

Then she allowed an injunction on a Nexus phone. Oops, appeals court reversed the injunction because it didn't meet a "causal nexus" requirement. That is, a patent on something that really made people choose which phone to buy.

Okay, so learning from the appeals court, she denied this current injunction request against Samsung phones because she didn't find a single causal nexus. Oops, the appeals court remands her decision to deny, adding onto their previous decision by now saying that a causal nexus could ALSO exist from an aggregate of patents.

And here we are. Apparently she did not find an aggregate causal nexus either.

Whew. It might be "good to be king", but sometimes it sucks to be a judge :)

.
Score: 6 Votes (Like | Disagree)
roadbloc Avatar
152 months ago
Good. Banning products is the most ridiculous outcome that could happen.
Score: 6 Votes (Like | Disagree)
kdarling Avatar
152 months ago
I am struggling with this judgment. If Apple cannot prove that Samsung is profiting from stealing three pattens that have been confirmed, then its okay for them to continue to steal them? Is that the interpretation here?
Nope.

First off, it's incorrect to use a word like "steal" in software patent cases, since there's almost never anything actually stolen. This is about infringement. Anyone can infringe without stealing code or seeing someone else's methods. Infringement is mostly about who manages to get a patent first. Which yes, is stupid in the case of software, but that's a different topic.

Secondly, Apple did prove infringement, but the devices that infringed haven't been sold in the US for years.

Thirdly, Samsung modified their code long ago to no longer infringe.

--

In short, this is NOT about any current infringement.

Instead, what Apple wanted was a ban precedent to use against any future infringements.

In other words, they want to be able to get injunctions based on what judges so far have seen as relatively minor (in relation to the entire device) consumer shopping points.

--

Apple's primary expert witness said his survey showed that consumers would pay an extra $400+ for a smartphone with just six "Apple features" included. ($40 just for bounceback, IIRC)

However, he did not convince that judge that people actually decide which phone to buy based on those features, since there are alternative features he did not offer, plus he didn't factor in supply and demand, etc.

And the judge is apparently correct about buyers, since tens of millions of people have indeed bought phones even without such fluff as the bounceback that Apple claims is worth so much that phones should be banned over it.

Moreover, as the ruling noted, "When the Court directly asked at oral argument, even Apple’s counsel could not represent that Dr. Hauser’s survey proves that the patented features drive demand for Samsung’s products."

TL;DR - Apple had wanted to set a precedent for future sales bans over relatively minor features, by first asking for a ban on old devices that are no longer sold. They did not convince the court that the minor features in question were the primary reason why Apple lost sales to Samsung.

.
Score: 4 Votes (Like | Disagree)
MH01 Avatar
152 months ago
How are patents stupid? How would you feel if you invented something I just came and stole the idea and made billions of dollars and cut into your profit?

The concept of patents is fine and sound.

It's the stuff that gets patented that makes same silly. Some patents are plain stupid and stifle innovation .
Score: 3 Votes (Like | Disagree)
Unggoy Murderer Avatar
152 months ago
So much for all the haters saying Judge Koh is pro-Apple. That's going to upset a lot of people...
Score: 3 Votes (Like | Disagree)
Oletros Avatar
152 months ago
is so obvious at least - let say - to me. even those people that own Samsung mobile products know that and usually buy one because of larger screen or something but most of them don't deny that their device is another copy of Apple's.Samsung even copies something that Apple just mentioned it, say, iWatch.

Yes, obvious to you, to most of the people both claims are wrong.
Score: 2 Votes (Like | Disagree)

Popular Stories

2024 iPhone Boxes Feature

Apple Adjusts Trade-In Values for iPhones, iPads, Macs, and More

Thursday November 6, 2025 11:12 am PST by
Apple today updated its trade-in values for select iPhone, iPad, Mac, and Apple Watch models. Trade-ins can be completed on Apple's website, or at an Apple Store. The charts below provide an overview of Apple's current and previous trade-in values in the U.S., according to its website. Maximum values for most devices either decreased or saw no change, but the iPad Air received a slight bump. ...
Finder Siri Feature

Apple's New Siri Will Be Powered By Google Gemini

Wednesday November 5, 2025 11:57 am PST by
The smarter, more capable version of Siri that Apple is developing will be powered by Google Gemini, reports Bloomberg. Apple will pay Google approximately $1 billion per year for a 1.2 trillion parameter artificial intelligence model that was developed by Google. For context, parameters are a measure of how a model understands and responds to queries. More parameters generally means more...
Liquid Glass General Feature

Apple Shares Liquid Glass Design Gallery

Thursday November 6, 2025 2:45 pm PST by
Apple is promoting the new Liquid Glass design in iOS 26, showing off the ways that third-party developers are embracing the aesthetic in their apps. On its developer website, Apple is featuring a visual gallery that demonstrates how "teams of all sizes" are creating Liquid Glass experiences. The gallery features examples of Liquid Glass in apps for iPhone, iPad, Apple Watch, and Mac. Apple...
iOS 26

iOS 26.1 Available Now With These 8 New Features

Monday November 3, 2025 5:54 am PST by
Following more than a month of beta testing, Apple released iOS 26.1 on Monday, November 3. The update includes a handful of new features and changes, including the ability to adjust the look of Liquid Glass and more. Below, we outline iOS 26.1's key new features. Liquid Glass Toggle iOS 26.1 lets you choose your preferred look for Liquid Glass. In the Settings app, under Display...
airtag purple

Apple's Website Lists AirTag 4-Pack at Shockingly Low Price [Updated]

Friday November 7, 2025 6:40 am PST by
Apple's online store in the U.S. is suddenly offering a pack of four AirTags for just $29, which is the same price as a single AirTag. This is likely a pricing error, and it is unclear if orders will be fulfilled. Apple has not discounted the AirTag four-pack in any other countries that we checked. Delivery estimates are already pushing into late November to early December, suggesting...
apple watch se 3 always on

Apple to Remove iPhone-Apple Watch Wi-Fi Sync in EU With iOS 26.2

Thursday November 6, 2025 4:37 am PST by
Apple in iOS 26.2 will disable automatic Wi-Fi network syncing between iPhone and Apple Watch in the European Union to comply with the bloc's regulations, suggests a new report. Normally, when an iPhone connects to a new Wi-Fi network, it automatically shares the network credentials with the paired Apple Watch. This allows the watch to connect to the same network independently – for...
ikea smart home devices

IKEA Debuts 21 HomeKit-Compatible Smart Bulbs, Sensors, and Controls

Thursday November 6, 2025 4:08 pm PST by
IKEA today announced the upcoming launch of 21 new Matter-compatible smart home products that will be able to interface with HomeKit and the Apple Home app. There are sensors, lights, and control options, all of which will be reasonably priced. Some of the products are new, while some are updates to existing lines that IKEA previously offered. There are a series of new smart bulbs that are...
Home Hub Command Center with Dome Base Feature

Apple's 2026 Smart Home Revamp: All the Rumors

Wednesday November 5, 2025 3:54 pm PST by
It's been over a decade since Apple's HomeKit smart home platform launched, and it is overdue for an update. HomeKit and the Home app can no longer keep up with AI-powered solutions from other companies like Google and Amazon, but that's set to change with a smart home revamp that Apple has planned for 2026. Home Hub Apple is working on a home hub or "command center" that will serve as a...