Samsung Electronics Co urged a judge not to bar US sales of some phones found to infringe Apple Inc patents, saying the iPhone maker will try to “end run” any order to get the Galaxy maker’s newer products banned.
Kathleen Sullivan, a lawyer for Samsung, told US District Judge Lucy Koh in San Jose, California, on Thursday that Apple’s real intention in seeking the sales ban, which addresses only products that are no longer on the market, is to push for another order targeting Samsung products that have not been proven to infringe its patents.
Apple’s renewed request to ban sales of more than 20 Samsung smartphones and tablets at issue in the companies’ first US patent trial in 2012 comes amid their continuing battle to dominate the worldwide smartphone market.
Koh’s ruling on whether to grant the injunction may affect court-ordered settlement negotiations that both companies agreed to this month as they prepare for another trial next month covering newer products.
While Koh rejected Apple’s bid for a sales ban on the infringing Samsung devices after the 2012 jury verdict, a federal appeals court in November cleared the way for the iPhone maker to pursue an injunction targeting some of its rival’s products.
“Samsung’s claim that it has discontinued selling the particular models found to infringe or design around Apple’s patents in no way diminishes Apple’s need for injunctive relief,” Apple argued in a court filing. “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.”
An order blocking sales of even obsolete products will cause carriers and retailers “to wonder what other products they might not be able to sell that aren’t colorably different” from the banned products, Sullivan said.