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Apple wins in the Court of Appeal which may require Samsung to change its organs
US appeals court ruled on Thursday that the company should be banned Samsung from using certain features in its organs trace patented for the company Apple, which means victory for Apple of violating patents between Samsung and Apple’s long-term call.
The judge said that the Court of Cassation had erred when it did not ban Samsung products related to claiming patent infringement in 2014.
The jury has been approved in the month of May 2014 Samsung of violating three patents for the invention of a private Babylon clinging quick links and drag to unlock the device and automatic debugger for words.
The Apple has asked the court to ban Samsung products that use these techniques, which violate the patents, to authorize US District Judge Lucy Koh that the Samsung to pay cash compensation parallel to the damage suffered by the company Apple is considered enough.
He told Judge Kimberly, who is seen current call that: “We should preserve the property rights, and not to allow competitors to use is important.” He added: “To maintain exclusivity is right and feature distinctive fundamental guarantee of patent rights is derived from the Constitution itself.”
He said two of the three judges that the Court of Cassation Okhtit when the demand from Apple to prove that the infringing features are the main reason for a consumer to purchase products Samsung.
The court stated that Apple is losing sales because of the Samsung include its organs have features Apple’s patented, the court added that it does not need to prove that Apple is that these advantages are why do customers buy Samsung mobile devices instead of Apple’s phones.
The court merely the work done by Apple to show that the characteristics that have been linked to the infringement and formed the importance of customer when they choose buy new phones.
Thus, the Court of Appeals is reversed the decision of the district court, and the return of the case to the lower court for reconsideration.
The new ruling could mean on Thursday for Samsung as forced to change certain characteristics of smart phones and tablet its computers.
The company had said in May that the device one of the apparatus uses only the features Apple have ownership rights.
She said Samsung in a statement issued on Thursday that it “believes that the wrong opinion of the Court and that Apple’s request is baseless and we will continue to strive to get our rights,” as the company added: “it will demand a comprehensive review of the decision of the Court of Appeal issued today against it.”
Samsung said: “We want to Ntmon millions of loyal customers all leading us to our phones he wanted and loved American consumers will still be available for sale and technical support is available to customers in the United States.”
Samsung has also added: “We have over the decades to invest heavily in the development of revolutionary innovations in the mobile industry and we look forward to continuing to work on providing American consumers with a wide range of leading products which Atoukaoha of the Samsung brand.”
She told Apple about the verdict: “It enhances our right.” She added: “The court has already found that Samsung deliberately stolen our thoughts and copied our products and we are fighting to defend the hard work that we are doing for the development of our products such as the iPhone, and our employees dedicate their lives to design and provide the best for our customers.”
It may be the judgment issued today a wide-ranging effects on the patent arena, especially when it comes to devices such as smart phones, which contain a variety of complex and patents and features.
The decision issued today makes it easier for patent owners to ban the sales of competitors’ products, which gives them more power when it comes to negotiations.
Several specialized companies have supported technology like eBay and Facebook, Google, Hewlett-Packard Samsung in its battle with Apple.
And in July he presented a petition to the court that the verdict in favor of Apple would have serious consequences and harmful dramatically in the march to continue the development of modern technology, and he will give patent owners unfairly influence for their own competitive gain.
The controversy started by the Apple sued Samsung in April 2011, accusing its rival copy form your phones iPhone and iPad computers and appearance.
The case was referred to the judgment in August 2012 and 9 stop the people from the jury with the majority of claims Samsung violated Apple’s own patent company and awarded Apple $ 1.05 billion in compensation for damages.
The amount is less than demanded by Apple a $ 2.75 billion, in contrast, has accused Samsung Apple of violating six patents invented, but the jury felt that there was no violation of her by Apple, and therefore did not get the Samsung on the amounts that were demanding to get them from Apple, which amount to $ 422 million.
Samsung for the lifting of an invitation to resume the Federal Court to reconsider the fine imposed on it, and after reduction of the fine of $ 1.05 billion to $ 930 million.
The court later decided to make a new reduction in the fine, through revision in the amount of $ 382 million of the total value of the fine of up to $ 548 million only.Viewing:-201
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