Apple denied permanent sales ban on infringing Samsung products

In a court filing this evening, Judge Lucy Koh has denied Apple’s request for a permanent sales ban on 26 Samsung products found to have infringed its patents in a jury verdict this past August. Writing that “this Court has already performed significant irreparable harm analysis in this case,” Koh concluded that Apple didn’t establish the case for a permanent injunction on Samsung’s products. Apple needed to prove that the infringing features were what were directly driving “consumer demand for the accused product” in order to obtain the ban, but that bar was too high.

Neither statements about broad categories, nor evidence of copying, nor the conjoint survey provides sufficiently strong evidence of causation. Without a causal nexus, this Court cannot conclude that the irreparable harm supports entry of an injunction.“The ruling isn’t a surprise, and means that the case will continue on its current trajectory — especially considering Koh also denied Samsung’s request for a new trial based on the jury foreman’s alleged misconduct. Apple had also requested additional damages of over a half-billion dollars on top of the $1.049 billion Samsung had already lost, but Koh said that that “enhancement request” would be addressed in another order.