Breaking News
Comments
Newest First | Oldest First | Threaded View
charrington
User Rank
Rookie
Re: The impact
charrington   8/22/2013 7:10:52 AM
NO RATINGS
There are three types of "injunctions": preliminary injunctions, permanent injunctions, and exclusion orders. 

A preliminary injunction can issue fairly quickly, on the order of a few months.  The problem for complex electronics though is proving a nexus between the irreparable harm of infringement, usually lost market share, and the specific patents. 

Permanent injunctions are issued as part of the judgment after trial. The time varies based on the complexity of the trial. The Apple v. Samsung case actually moved very quickly with a verdict in a little over a year.  On appeal, Apple is arguing that a permanent injunction should have been awarded.  The appeal has added almost another year. 

Exclusion orders issued by the ITC can be faster, but once again depend on the complexity of the trial.  Both the Samsung and Apple exclusion orders took about two years before the 60 day review period.  

The delays are significant because of the relatively short product life cycles.  The most advanced Samsung device in the trial was the Galaxy S2.  The Samsung exclusion order only would have covered up to the iPhone 4.  Therefore, the most advanced products in each case are nearing the end of their retail sales period by the time the exclusion orders go into effect.

Apple has been trying to add new Samsung devices as they are released in the second suit.  The judge, however, has now refused to add the Galaxy S4 to the ongoing litigation.  If Apple does achieve a permanent injunction based on a patent, it should be much faster to bring suit alleging that new products violate the injunction rather than having to start over with infringement. 

 

rick merritt
User Rank
Author
Re: The impact
rick merritt   8/18/2013 7:13:57 PM
NO RATINGS
Hi Colin. Thanks for chiming in.

How long does it take to get an injunction these days and how does that compare with product life cycles?

I know Apple hjas some of the longest product cycles, launching new high-end models just once a year or so. But even then they continue to sell the old model for some time.

Sheetal.Pandey
User Rank
Manager
Re: The impact
Sheetal.Pandey   8/17/2013 2:28:24 PM
NO RATINGS
The whole Patent saga has got the maximum heads turned and created headlines around the world because these two giants are involved. And of course Apple being the US based company and Samsung on other part of the world. The culture and ethics are so very different. But its good for the patent market, it has created many more job opportunities and patent industry might get more regularized.

charrington
User Rank
Rookie
Re: The impact
charrington   8/16/2013 6:47:28 PM
NO RATINGS
Hi Rick,

I don't work for either of the companies, so I'm not directly impacted.  I do prosecute patents on the network side of mobile technology, so the decisions on standards essential patents could affect the value of those patents.  There is some flexibility when drafting a patent as to whether it will need to be standardized, but it's often dependent on the nature of the invention. 


For consumers, what we're seeing here is that mobile phones have been replaced with newer models by the time the patentee can get an injunction or exclusion order, so I doubt we'll see the newest models taken off the shelves.

rick merritt
User Rank
Author
The impact
rick merritt   8/16/2013 3:28:57 PM
NO RATINGS
What if any impact is this fight having on you?



EE Life
Frankenstein's Fix, Teardowns, Sideshows, Design Contests, Reader Content & More
Max Maxfield

Dr. Duino Diagnostic Shield Deduces Dilemmas in Arduino Shield Stacks
Max Maxfield
8 comments
As you are probably aware, I'm spending a lot of my free time creating Arduino-based projects, such as my Inamorata Prognostication Engine, my BADASS Display, and my Vetinari Clock.

EDN Staff

11 Summer Vacation Spots for Engineers
EDN Staff
20 comments
This collection of places from technology history, museums, and modern marvels is a roadmap for an engineering adventure that will take you around the world. Here are just a few spots ...

Glen Chenier

Engineers Solve Analog/Digital Problem, Invent Creative Expletives
Glen Chenier
15 comments
- An analog engineer and a digital engineer join forces, use their respective skills, and pull a few bunnies out of a hat to troubleshoot a system with which they are completely ...

Larry Desjardin

Engineers Should Study Finance: 5 Reasons Why
Larry Desjardin
46 comments
I'm a big proponent of engineers learning financial basics. Why? Because engineers are making decisions all the time, in multiple ways. Having a good financial understanding guides these ...

Flash Poll
Top Comments of the Week
Like Us on Facebook
EE Times on Twitter
EE Times Twitter Feed

Datasheets.com Parts Search

185 million searchable parts
(please enter a part number or hit search to begin)