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Friday, August 24, 2012, 06:34 pm PT (09:34 pm ET)

Apple seeks preliminary injunction against Samsung devices in post-trial motion

Following its significant court win over Samsung on Friday, Apple is seeking a preliminary injunction against the devices found to be infringing on the company's patents, citing "irreparable harm" if the units were to stay on sale.

Apple v. Samsung presiding Judge Lucy Koh scheduled a hearing for Sept. 20 to discuss Apple's proposal for a preliminary injunction against the devices a jury found to be infringing on numerous design and software patents. The ruling amounted to a nearly $1.05 billion windfall in damages for Apple.

According to in-court reports from The Verge, Judge Koh said Apple must file its proposal on Aug. 29, with Samsung being granted two weeks to draft a response due Sept. 12. Coincidentally, the response deadline is the same day Apple is rumored to debut the next-generation iPhone at an as-yet-unannounced special event.

Samsung attorney Kevin Johnson said two weeks is not enough to prepare the necessary documents to rebut the coming injunction motion, adding that his request for more time is just about "decency." Despite having other cases scheduled in the coming weeks, Judge Koh partially allowed the request but limited the number of pages each party can file. Before the trial's proceedings, the amount of documents regarding patents, trade dress and exhibits became overwhelming, and the court ordered both parties to winnow their claims in the interest of expediency.

Samsung Galaxy S II

Samsung's Galaxy S II smartphone is one of the devices named as infringing Apple's patents. | Source: Samsung


While the Apple filing should be entered soon, the companies offered responses to the jury's decision, giving two very different views of the outcome. Apple claims the ruling is a message that "stealing isn't right," while Samsung had a more dour take, saying the result "should not be viewed as a win for Apple, but as a loss for the American consumer."