Samsung to Court: Apple-Sought Ban Will Intimidate Our Users

Is Apple (NASDAQ:AAPL) trying to scare customers away from Samsung (SSNLF.PK)? Apple is currently appealing a denial of a permanent injunction request that would have banned the sale of many of Samsung’s products. Apple claims that these products infringe on multiple patents that Apple holds. In a brief that Samsung filed on Wednesday – in response to Apple’s appeal — the South Korea-based company states that “Apple’s arguments should be rejected, and the district court’s denial of a permanent injunction should be affirmed.”

One of the arguments that Samsung presents is that a sales ban on the disputed older products would have a detrimental spillover effect on the sale of Samsung’s current products, which it claims are legitimate and not infringing on any of Apple’s patents. In the responsive brief, Samsung states: “Such an injunction would not stop any ongoing infringement, for Samsung has either discontinued the accused products or designed around any infringing features in the ones it still sells.”

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Although Samsung claims its current products are not infringing, it also notes that “an injunction would not serve the public interest, for it would suppress sales of complex products, only minor features of which were found to infringe.” Interestingly, this seems to logically contradict part of Samsung’s argument since the company also claims its current line of products no longer use the infringing features.

Samsung concludes that “the only effect of an injunction would be to confuse and intimidate Samsung’s carriers and retailers with respect to non-accused products never adjudicated in this case, harming Samsung’s longstanding market relationships.”

In other words, the only real effect of granting an injunction would be the bad press that Samsung would receive. In turn, this would “confuse and intimidate” companies that have a business relationship with Samsung. Since retailers of Samsung’s products would also be “confused,” this would ultimately prevent customers from being able to buy Samsung’s products.

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As this case works its way through the appeals court, both companies are undoubtedly preparing for the second Apple-Samsung patent-infringement trial, which is scheduled to begin March 2014 in California.

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