Thursday, August 21, 2014

Judge Koh rejected Apple's receipt of the payment of $ 16 million, but has returned $ 2.6 million in the pocket of

Despite the fact that on the world stage battle of titans - Apple and Samsung - stopped in favor of mutually beneficial partnership in the United States proceedings continue its course in operation. 

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Within the last hearing, the judge Lucy Koh issued two decrees. Firstly, Apple refused to grant compensation to the Korean legal fees for the first trial between the two competitors.
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 The amount claimed was $ 16 million. Secondly, the American company finally regains his court bail at $ 2.6 million. With it, at one time she tried to ban sales of Samsung Galaxy Tab 10.1. 

And now in order and in greater detail. In the first trial between Apple and Samsung, which ended, by the way, winning the company from Cupertino, Apple has accused a rival of copying the iPhone and iPad design with four counts. Among them, - a rectangular shape with rounded corners device, a flat surface covering the display, and a frame framing the display, with the wider upper and lower sides and a narrow side. Also discussed was the arrangement of icons on the display device and the state of the dock when browsing interface pages. According to the court, 6 out of 17 smartphones from Samsung really repeated especially the appearance and interface design iPhone. 

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So, regarding this matter, Apple has requested from the Korean company compensation in the amount of $ 16 million only for the services of lawyers involved in the case. This company from Cupertino still been denied a recent decision of Judge Koh. The requirement would be satisfied by Apple in the event that the case "exceptional" under the law Lanham Trademark. But this did not happen, as the present law Samsung was able to prove that the described features of the design are utilitarian devices and related functionality of the gadget. A repetition of their other products in such a case is not illegal. 
At its discretion, based on an assessment by the court of all the conditions, the court decides that the case is not exceptional, which would be allocated among the other .... In turn, Samsung was able to provide reasonable evidence in response to the accusation of copying the design and verify that its design does not infringe the said law. 
Judge Lucy Koh 

As for the judicial lien of $ 2.6 million, these funds, in 2012, Apple had been made for the purpose of the ban on sale of Galaxy Tab 10.1 release three years ago. And though no prohibitions on this matter were not taken because of the long appeals process, to date, both companies have withdrawn all claims associated with it. As a result, this amount of $ 2.6 million back into the pocket of Apple, again, according to the decision of the judge Koch.

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