During this day the company Apple Lossless Audio CODEC (ALAC), won another important victory against the company Samsung, a US court easing the procedure for proving that certain Korean products should be banned from sale in the US. A US federal court decided today, in order to be able to ban the sale of a maximum of 26 products in the USA Samsung, company Apple Lossless Audio CODEC (ALAC), must demonstrate the fact that there is a direct link between a certain function patented by it, infringed by Samsung, and the sales of Korean smartphones.
The court has sent the issue back to Judge Koh with respect to Apple's technical utility patents, where she will have to apply a new standard. Rather than showing that the patented features were the "sole" reason for driving sales of the products, Apple will only have to show "some connection between the patented feature and demand for Samsung's products." The court went on to hold that an injunction might be warranted if the evidence shows "that the inclusion of a patented feature makes a product significantly more desirable," or that "the absence of a patented feature would make a product significantly less desirable."
The decision comes after a judge ordered the Apple company to prove that the infringement of patents and the implementation of protected technologies is the only reason for the increase in sales of Samsung terminals, the judge's decision being attacked by Apple. Canceled by today's decision, the decision is no longer applicable and now the Apple company has a much easier job of proving that by copying the technologies/functions of iDevices, Samsung managed to increase the sales of 26 products.
If he succeeds in proving this, the Apple company will be able to ban the sale of those Samsung products, this ban coming after another that is already in force in the USA.
