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In Saying No To Apple On Injunction, Koh Sets Higher Bar

Publication Date: 
December 19, 2012
Source: 
Law.com
Author: 
Vanessa Blum

Professor Mark Lemley spoke with Law.com's Vanessa Blum about the recent court decision denying Apple's bid for permanent injunctions aganst Samsung and why the ruling could "radically change the calculus of patent suits." 

There are two ways to read Monday's court order denying Apple's bid for permanent injunctions against 26 Samsung products a federal jury found violated Apple's patents.

At the macro level, the 23-page order from U.S. District Judge Lucy Koh builds on a six-year trend of federal courts restricting the issuance of injunctions in patent cases.

...

If the rulings stand they could "radically change the calculus of patent suits," said Mark Lemley, director of Stanford Law School's Program in Law, Science, and Technology.

Lemley said courts have already clamped down significantly on injunctions requested by non-practicing entities. Koh's order raises the bar for major consumer companies like Apple to block the sale of competing products, he said.