Judge abused discretion.
http://www.reuters.com/article/2012/10/11/us-apple-samsung-patent-idUSBRE89A11C20121011
http://www.reuters.com/article/2012/10/11/us-apple-samsung-patent-idUSBRE89A11C20121011
Nexus Sales Ban Reversed on Appeal
- Thread starter nelson61
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Not like it did much in terms of hurting sales. Google resolved it in like a week and I'm sure all the attention it garnered brought in more customers, much like how there was a rush for Samsung tablets after the other ruling. Hopefully the Apple/Samsung verdict from earlier will be overturned as well.
The Appeals Court decison is a must read.
I suspect they have laid out the course for resolving many future intellectual patents with this order.
http://www.cafc.uscourts.gov/images/stories/opinions-orders/12-1507.pdf
"Sales lost to an infringing product cannot irreparably harm a patentee if consumers buy that product for reasons other than the patented feature. "
"In other words, it may very well be that the accused product would sell almost as well without incorporating the patented feature. "
"The patentee must rather show that the infringing feature drives consumer demand for the accused product. "
I suspect they have laid out the course for resolving many future intellectual patents with this order.
http://www.cafc.uscourts.gov/images/stories/opinions-orders/12-1507.pdf
"Sales lost to an infringing product cannot irreparably harm a patentee if consumers buy that product for reasons other than the patented feature. "
"In other words, it may very well be that the accused product would sell almost as well without incorporating the patented feature. "
"The patentee must rather show that the infringing feature drives consumer demand for the accused product. "
