Tuesday, August 28, 2012

Samsung safe from new injunctions until December 6th

Apple was quick on the draw to put forth their request for an injunction on eight Samsung phones following their recent court victory and the original schedule would have seen them bring those requests to bear sometime in September.

Fortunately for Samsung, Judge Lucy Koh wasn't kidding when she said her dance card was going to be pretty full following the multi-week trial. So due to her schedule and the sheer volume of motions and requests coming out of Samsung and Apple following the verdict she has issued a revised court schedule which won't have the parties getting back together to discuss any injunctions until December 6th.

Another tiny ray of sunshine for Samsung is that the one hearing they do still get to have is regarding lifting the existing injunction on the Galaxy Tab 10.1. That will come on September 20th and considering that was one of the few devices that was found not to infringe on Apple's patents you have to like their chances.

If that effort is successful Samsung could be left with all of their products on the market through at least a healthy chunk of the holiday buying season and that prospect has to bother Apple at least a little bit. Considering how long in the tooth most of the infringing devices are it's likely that in many cases they wouldn't have been on sale beyond this holiday season regardless. Additionally for the limited number of devices that infringed only on software patents this could be the extra time Samsung needs to deliver an update to correct the infringing behavior.

Unless somehow Samsung does manage to get this ruling thrown out this is still a cut and dry victory for Apple and I'm sure Samsung will be more than happy to take any small measure of success right about now.