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

2012; RELX Group (Netherlands); Linguagem: Inglês

ISSN

1556-5068

Autores

Brian J. Love,

Tópico(s)

Legal Systems and Judicial Processes

Resumo

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.

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