The next hearing for deciding on a ban on Samsung’s
devices has been set for December 6, which has raised speculation over the
efficacy of a ban at such a delayed date.
Last Friday, a San Jose federal court jury found
Samsung guilty of violating six of Apple Inc.(NASDAQ:AAPL)’s seven patents
under dispute. It also found the Korean company guilty of copying Apple's
devices.
However it said that Apple had not violated any of
Samsung’s patents. It was a big victory for Apple, which is also seeking a ban
on sales of Samsung's products in the United States.
Earlier this week it gave a list of eight smartphones
that it wants banned. However an earlier date of September 20 that was set for
hearing on this injunction was later postponed to December 6.
"For Apple it is extremely important that the ban
occurs quickly. Any delay will give
Samsung time to clear the old inventory and help stores stock alternative
products that are not on the ban list," wrote Nigam Arora in Forbes.
There is uncertainty about why Judge Lucy Koh, who
knows the merits of both the parties, delayed the date for the hearing on the
ban plea.
Delaying the ban would only make it meaningless, at
least so far as Apple is concerned while for Samsung it gives valuable
breathing space to recoup and change its strategy.
The verdict against Samsung would have carried weight
only when juxtaposed with a ban on the sale of the products. It may be recalled
that a Seoul court, which had found both companies of violating each other’
patents on the same day, had enforced a sales ban on some of the products of
both companies, with immediate effect.
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