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苹果vs三星案件的最新发展：上诉法庭要求苹果证明用户对Samsung 产品的需求是因为
Samsung 的侵权的细节导致，这一门槛明显提高了Apple 想要禁售Samsung产品的难度
， 如我的8月25的苹果胜诉有感一文( http://www.mitbbs.com/article_t0/SanFrancisco/33819171.html)中已经提到了Apple利用外形专利打压对手的做法在上诉法庭是有问题的。 注意这段： But the U.S. Court of Appeals for the Federal Circuit, which had stayed the injunction pending an appeal by Samsung, found in an 18-page ruling that Judge Koh had abused her discretion with the order. “Abuse her discretion" 一词给上回的主审法官Lucy Koh 很难堪，谁让她几周就搞定一个如此有争议的10亿美元的大Case呢.
原文：
An appeals court ruling against Apple Inc. in one of its legal battles
against Samsung Electronics Co. is the latest sign of an increasingly high
bar facing plaintiffs seeking injunctions in patent cases.
The ruling Thursday threw out a preliminary injunction that ordered Samsung
to stop selling its Galaxy Nexus smartphone. It was ordered by U.S. District
Judge Lucy Koh on June 29 after Apple made what she said was a strong case
that Samsung's phone infringed its patents.
But the U.S. Court of Appeals for the Federal Circuit, which had stayed the
injunction pending an appeal by Samsung, found in an 18-page ruling that
Judge Koh had abused her discretion with the order.
Apple had successfully argued the Galaxy Nexus posed a threat to the
Cupertino, Calif., company's market share. But the appeals court said it
wasn't convinced the infringing part of the phone—in this case the phone's
Internet search technology—was the primary reason customers chose to buy
the device.
"It is not enough for the patentee to establish some insubstantial
connection between the alleged harm and the infringement and check the
causal nexus requirement off the list," the appeals court wrote. "The
patentee must rather show that the infringing feature drives consumer demand
for the accused product."
An Apple spokeswoman declined to comment while a Samsung spokesman said the
company welcomed the decision and said it will continue to "take all
appropriate measures" to ensure the availability of its products.
The move is the latest twist in Apple's ongoing patent lawsuit with Samsung,
which it began last year. In the suit, the iPhone maker claimed the South
Korean tech giant had stolen its smartphone's designs, as well as those for
the iPad. A jury in August found Samsung had infringed some of Apple's
patents, paving the way for an award of more than $1 billion.
The trial was the most dramatic flashpoint so far in a growing list of
lawsuits between various tech titans, with complaints filed in courtrooms
across the globe. While Apple and Samsung themselves have sought injunctions
in multiple countries claiming infringement of various patents, others such
as Google Inc.'s Motorola Mobility unit, Microsoft Corp. and Taiwanese
handset maker HTC Corp. have also sought injunctions while claiming patent
infringement.
Brian Love, a law professor at Santa Clara University in California, said
the appeals court ruling reflected the issues raised when a relatively small
part of a product is found to infringe a patent. Apple needed to prove the
feature at issue drove demand among consumers in order to justify an
injunction.
"The general idea is that there's an infringed product, but it's a tiny
component of a complex device," Mr. Love said. "You see some of the economic
discussion of whether it's okay for society to ban the sale of a complex
product based on a small part of it."
The appeals court's decision doesn't mark the end of Apple and Samsung's
legal battle, however. The companies are set to meet in the U.S. District
Court again in early December to discuss post-trial filings and Apple's
request for injunctions against other Samsung smartphones the jury said did
infringe its patents.
In a separate case, on Aug. 24, a three-judge panel in the Seoul court ruled
that Apple violated two Samsung technology patents, while Samsung violated
one Apple patent. It awarded small damages to both firms and banned the sale
of both companies' infringing smartphones and tablet PC in South Korea.
A Seoul court agreed to delay the ban of sales of some Apple products in
South Korea until the result of the Apple's appeal is heard and there's a
ruling.
Apple had appealed the ruling, and the Seoul court in September accepted
Apple's request to delay a sales ban imposed on the iPhone 3GS, iPhone 4,
first-generation iPad and the iPad 2 until the result of the appeal is
delivered, court spokesman Kim Mun-sung said Friday.
Representatives for Apple and Samsung in Korea declined to comment on the
case Friday.
Samsung 的侵权的细节导致，这一门槛明显提高了Apple 想要禁售Samsung产品的难度
， 如我的8月25的苹果胜诉有感一文( http://www.mitbbs.com/article_t0/SanFrancisco/33819171.html)中已经提到了Apple利用外形专利打压对手的做法在上诉法庭是有问题的。 注意这段： But the U.S. Court of Appeals for the Federal Circuit, which had stayed the injunction pending an appeal by Samsung, found in an 18-page ruling that Judge Koh had abused her discretion with the order. “Abuse her discretion" 一词给上回的主审法官Lucy Koh 很难堪，谁让她几周就搞定一个如此有争议的10亿美元的大Case呢.
原文：
An appeals court ruling against Apple Inc. in one of its legal battles
against Samsung Electronics Co. is the latest sign of an increasingly high
bar facing plaintiffs seeking injunctions in patent cases.
The ruling Thursday threw out a preliminary injunction that ordered Samsung
to stop selling its Galaxy Nexus smartphone. It was ordered by U.S. District
Judge Lucy Koh on June 29 after Apple made what she said was a strong case
that Samsung's phone infringed its patents.
But the U.S. Court of Appeals for the Federal Circuit, which had stayed the
injunction pending an appeal by Samsung, found in an 18-page ruling that
Judge Koh had abused her discretion with the order.
Apple had successfully argued the Galaxy Nexus posed a threat to the
Cupertino, Calif., company's market share. But the appeals court said it
wasn't convinced the infringing part of the phone—in this case the phone's
Internet search technology—was the primary reason customers chose to buy
the device.
"It is not enough for the patentee to establish some insubstantial
connection between the alleged harm and the infringement and check the
causal nexus requirement off the list," the appeals court wrote. "The
patentee must rather show that the infringing feature drives consumer demand
for the accused product."
An Apple spokeswoman declined to comment while a Samsung spokesman said the
company welcomed the decision and said it will continue to "take all
appropriate measures" to ensure the availability of its products.
The move is the latest twist in Apple's ongoing patent lawsuit with Samsung,
which it began last year. In the suit, the iPhone maker claimed the South
Korean tech giant had stolen its smartphone's designs, as well as those for
the iPad. A jury in August found Samsung had infringed some of Apple's
patents, paving the way for an award of more than $1 billion.
The trial was the most dramatic flashpoint so far in a growing list of
lawsuits between various tech titans, with complaints filed in courtrooms
across the globe. While Apple and Samsung themselves have sought injunctions
in multiple countries claiming infringement of various patents, others such
as Google Inc.'s Motorola Mobility unit, Microsoft Corp. and Taiwanese
handset maker HTC Corp. have also sought injunctions while claiming patent
infringement.
Brian Love, a law professor at Santa Clara University in California, said
the appeals court ruling reflected the issues raised when a relatively small
part of a product is found to infringe a patent. Apple needed to prove the
feature at issue drove demand among consumers in order to justify an
injunction.
"The general idea is that there's an infringed product, but it's a tiny
component of a complex device," Mr. Love said. "You see some of the economic
discussion of whether it's okay for society to ban the sale of a complex
product based on a small part of it."
The appeals court's decision doesn't mark the end of Apple and Samsung's
legal battle, however. The companies are set to meet in the U.S. District
Court again in early December to discuss post-trial filings and Apple's
request for injunctions against other Samsung smartphones the jury said did
infringe its patents.
In a separate case, on Aug. 24, a three-judge panel in the Seoul court ruled
that Apple violated two Samsung technology patents, while Samsung violated
one Apple patent. It awarded small damages to both firms and banned the sale
of both companies' infringing smartphones and tablet PC in South Korea.
A Seoul court agreed to delay the ban of sales of some Apple products in
South Korea until the result of the Apple's appeal is heard and there's a
ruling.
Apple had appealed the ruling, and the Seoul court in September accepted
Apple's request to delay a sales ban imposed on the iPhone 3GS, iPhone 4,
first-generation iPad and the iPad 2 until the result of the appeal is
delivered, court spokesman Kim Mun-sung said Friday.
Representatives for Apple and Samsung in Korea declined to comment on the
case Friday.
