The ban is currently on the sale of older Samsung devices but the retrial might include newer ones as well if Apple gets successful
Apple has received $119.6 million in damages from Samsung but it seems that just isn’t enough and it is still looking for ways to somehow get closer to the original sum it had requested initially which was $2.191 billion. What Apple’s next move entails was most likely and much expected as it is likely to happen in any patent dispute. Yesterday, Apple filed documents in court yesterday to seek a permanent injunction against a number of older Samsung phones that a jury last month determined to infringe a couple of Apple's software patents.
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The list included devices Admire, Galaxy Nexus, Galaxy Note, Galaxy Note 2, Galaxy S II, Galaxy S II Epic 4G Touch, Galaxy S II Skyrocket, Galaxy S III, and Stratosphere. Though newer devices from Samsung are not included in this list as they apparently did not disregard any Apple design patent but Apple is stopping at nothing. The company is looking for ways to get a sales ban against "software or code capable of implementing any Infringing Feature, and/or any feature not more than colorably different therefrom" and this is going to include the new devices as well.
To sum up the overall claim of Apple in the court, it can be said that "will suffer irreparable harm if Samsung continues its use of the Infringing Features, that monetary damages cannot adequately compensate Apple for this resulting irreparable harm." So now the company is going to convince the district judge that if Samsung continues the sale of these devices then Apple will have to face the loss.
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