Tuesday, 03 July 2012 21:23

Judge Koh Is At It Again, This Time She Has Denied Samsung The Opportunity for Appeal

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01There are times in the US Legal system when I wished there was a review body that could not only reverse bad decisions, but also levy fines and consequences for bad and obvious prejudicial judgments on the part of our justices in the US. If there were I have a feeling that Judge Lucy Koh would be exceptionally poor right about now. This is due to her recent judgments in granting injunctive relief in favor of Apple despite the lack of sufficient evidence that Apple is being injured or that the devices in question actually violate Apple patents.

To put it bluntly, Jude Koh appears to be acting on orders to give Apple whatever they want. To explain our frustration with Judge Koh let’s go back a little bit to a time when she denied Apple a complete ban on Samsung Galaxy Tab 10.1 tablets. During that ruling she found that there was not sufficient evidence to warrant a ban (something not often granted in the US anyway). However, Apple appealed this and she was told to reconsider the ban. At that time, Judge Koh did not have to grant the ban, but she has gone from saying there was not enough evidence of harm to not only granting the ban, but denying Samsung’s appeals almost out of pocket.

We have to wonder what t going on at this stage that she can just dismiss this after having doubts before. Some might say that it indicates that Apple does have a case, but we actually doubt it at this point. Koh set the bond for the Galaxy Tab 10.1 ban at $9.6 Million to cover potential damages. That is a drop in the bucket to Apple who happily handed over the money without complaint.

Now the bond is higher, but still nothing compared to the resources that Apple has at its disposal. We fully expect Apple to fork over the $95 Million as well to keep the Nexus off the shelves. Samsung is also not taking the judgments that Koh has handed out lying down either. They have an appeal into the Federal appeals court and they could overturn the ban and possibly throw the cases out. What really kills me over this whole deal is that Apple repeatedly claims that Samsung has “slavishly” copied Apple products. I just cannot see how someone that is supposed to be intelligent enough to work as a judge at the level Koh is at can buy that line. There is no way that you can say that any of the new Phones (and most of the old ones) look anything like the iPhone. I also find it hard to believe that someone could claim that the Galaxy Tab 10.1 looks like the iPad. But then again, we all know that Apple is used to making claims that are not exactly factual. In fact there was a bit of a stink when they pushed for the Tab to be banned in Germany as they migth have... um manipulated the evidence a little...

I might try to take my Nexus into the Apple store and see if I can get it repaired at the Genius Bar. After all if they are such slavish copies then the Apple store employees might not know the difference…

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Read 2863 times Last modified on Tuesday, 03 July 2012 21:34

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