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Originally Posted by Graham
Out of interest, given that the ban was the penalty applied to Apple for losing the ITC case, will an alternate penalty be arranged?
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Litigated.
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While today's veto means Apple will be free to continue importing and selling those devices in the US, Froman makes it clear that the veto in no way addresses the legal merit of Samsung's claims, explaining: "My decision to disapprove this determination does not mean that the patent owner in this case is not entitled to a remedy. On the contrary, the patent owner may continue to pursue its rights through the courts."
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http://www.theverge.com/2013/8/3/458...d-select-ipads
What happened here is rare but not earth-shaking.
It is the equivalent of a judge issuing a pre-trial injunction that get overturned on appeal.
The ban was to prevent the continued "violation" of the Samsung patent while the case is litigated and, presumably, a value gets attached to the total violation. Now the case moves on and the award Samsung gets, if they win, is bigger.
The ban was a stick to get Apple to negotiate with Samsung and settle quickly. Apple prefers to fight it out in court every step of the way instead of settling so they'll fight it out and keep racking up billable hours for the hounds of law.