Samsung last week filed a brief in response to Apple’s attempt for a permanent injunction in the mightiest of tech cases from last year. The suit is still undergoing review as Judge Lucy Koh re-examines 2012’s ruling, which could result in a lower figure awarded to Apple.
Pleading its case, Samsung is trying to convince the court that enforcing a permanent injunction would “confuse and intimidate Samsung’s carriers and retailers.” The manufacturer believes that if the infringement is placed against older products, Samsung’s newer products may be less desirable to consumers.
If an injunction is upheld, Samsung argues the decision would not serve the public’s interest, and would have a longtail affect on more “complex products,” such as the Galaxy S4. Samsung’s latest products can be as spec’d out as the company wants, but if there’s news in mainstream media—did you hear Samsung copied Apple’s devices?—the affect could be substantial. And it could give Apple potential ammo for marketing going forward, if that’s the path the Cupertino company wanted to go.
The products listed in the injunction aren’t even sold in today’s marketplace, and Samsung has taken measures to ensure none of its big handsets infringe upon Apple’s patents. Still, Samsung is concerned an unfavorable outcome could results in a weakened reputation and potentially lead to a spillover effect to newer handsets.