Past Unlawful Injunctions Shouldn't Cloud Samsung Galaxy S III's Future

TechCrunch, December 2012

2 Pages Posted: 13 Dec 2012 Last revised: 6 Jun 2015

See all articles by Brian J. Love

Brian J. Love

Santa Clara University School of Law

Date Written: December 4, 2012

Abstract

Can Apple leverage its August trial victory over Samsung to achieve a court-ordered prohibition on the Galaxy S III, presently the world’s best-selling smartphone? Technology and legal reporters around the world have raised the possibility. Indeed, consumers themselves appear to fear an impending Galaxy S III sales ban. Shockingly, these predictions are almost certainly wrong. One reason for widespread confusion is the surprising fact that district courts routinely issue injunctions that violate the law. This essay discusses injunction breadth, Apple's prospects for banning sales of the Galaxy S III, and possible solutions to the proliferation of unlawful injunctions.

Keywords: injunctions, patent injunctions, colorably different, colorable differences, Samsung, Apple, Apple v. Samsung, Galaxy S III, S3, SIII

JEL Classification: K41, O34

Suggested Citation

Love, Brian J., Past Unlawful Injunctions Shouldn't Cloud Samsung Galaxy S III's Future (December 4, 2012). TechCrunch, December 2012. Available at SSRN: https://ssrn.com/abstract=2189061

Brian J. Love (Contact Author)

Santa Clara University School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States

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