Samsung has a new legal argument in its ongoing litigation with Apple over the sale of certain Android-based smartphones in the US. While the basis of Apple's case is patent infringement claims, Samsung is now arguing that allowing Apple a permanent injunction would "intimidate and confuse" customers.
The drive of Samsung's case, according to an examination by FOSS Patents, is that the injunction "would not stop any ongoing infringement, for Samsung has either discontinued the accused products or designed around any infringing features in ones that it still sells."
Apple won a massive US$1.05 billion award for damages in the case this past August, however at the end of April it was announced the companies would be returning to court to renegotiate the amount due to jury errors when calculating damages. A new trial has been set for November 12 to determine the new award for Apple.
Samsung is arguing that allowing the injunction to go through would create confusion in the market place for retailers and consumers, leading to a belief that non-infringing products were covered as well. The move cites Apple's actions last year when they sent letters to retailers warning them about the injunction, even though a majority of the products listed in the injunction were no longer for sale, or had been updated to work around the patents.
As of press time Apple has not commented on Samsung's filing.
You can read FOSS Patents full run down here.