Tag Archives: Judge Lucy Koh

Court reverses Galaxy Nexus sales ban in the US (updated with Samsung’s statement)

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A United States appeals court has overturned the injunction banning the sale of Samsung's Galaxy Nexus, arguing that the California district court had "abused its discretion" in granting it. The case between Apple and Samsung, which centers around four patents relating to unified search and Siri, will now be returned to the court of Judge Lucy Koh for reconsideration -- in the same way that she had to reverse her previous decision regarding the Galaxy Tab 10.1.

The injunction was granted on the basis that Apple could demonstrate "irreparable harm" to its business, and, that its case had a high likelihood of succeeding. However, the panel of judges felt that Cupertino could do neither of those things to the court's satisfaction, and as such, Samsung's handsets will be available to purchase as soon as the company can get them onto shelves. If you'd care to delve into the full text of the remand order yourself, it's available at the source link.

Update: Here is Samsung's jolly statement regarding the reversal:

"We welcome this reversal by the Federal Circuit, finding that the District Court abused its discretion in ordering a preliminary injunction against the Galaxy Nexus. Today's decision confirms that the role of patent law is to protect innovation and not to unreasonably stifle competition and restrict consumer choice. We will continue to take all appropriate measures to ensure the availability of our innovative products."

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Court reverses Galaxy Nexus sales ban in the US (updated with Samsung's statement) originally appeared on Engadget on Thu, 11 Oct 2012 11:34:00 EDT. Please see our terms for use of feeds.

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Judge Koh lifts Galaxy Tab 10.1 sales injunction following Court of Appeals remand

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Judge Koh lifts Galaxy Tab 101 sales injunction following Court of Appeals remand

A legal standoff ended today, as Judge Lucy Koh has dissolved the sales injunction against the Galaxy Tab 10.1 after Samsung's appeal had been remanded to her by the Court of Appeals for the Federal Circuit. Judge Koh's decision is based on the jury's findings in Apple v. Samsung that the Galaxy Tab 10.1 didn't infringe on Apple's D'889 patent. If you'll recall, the judge had previously denied Samsung's motion to dissolve the injunction, having cited a lack of jurisdiction while the case was in front of the appeals court. Unsurprisingly, she decided to approve the motion once the case was kicked back to her courtroom. Whether we see the Galaxy Tab 10.1 hit the ban list again following the December 6th hearing remains to be seen, but in the meantime, perhaps you can kick back and enjoy the eye of the storm.

Update: In related courtroom drama, Samsung has filed the initial courtroom documents that assert the iPhone 5 infringes on its patents. At least the company is good for its word. [Reuters]

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Judge Koh lifts Galaxy Tab 10.1 sales injunction following Court of Appeals remand originally appeared on Engadget on Mon, 01 Oct 2012 22:23:00 EDT. Please see our terms for use of feeds.

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Court of Appeals for the Federal Circuit tells Judge Koh to revisit Galaxy Tab 10.1 injunction

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One of the hallmarks of the US judicial system is its seemingly inexhaustible system of appeals -- a system for which Samsung is likely most grateful at the moment. Its earlier entreaty to Judge Lucy Koh to have the Galaxy Tab 10.1 preliminary injunction lifted may have been denied, but the Court of Appeals for the Federal Circuit is giving the Korean company another bite at the Apple. That court has granted Samsung's request to have the injunction issue remanded so that the trial court can re-consider Samsung's motion to dissolve it. The ruling enables Samsung to argue that the injunction should be lifted because the jury failed to find infringement of the tablet design patent upon which the injunction is based. Will Judge Koh lift the ban? Perhaps, but we're pretty sure that the crowd from Cupertino will be doing plenty to prevent that from happening. Stay tuned.

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Court of Appeals for the Federal Circuit tells Judge Koh to revisit Galaxy Tab 10.1 injunction originally appeared on Engadget on Fri, 28 Sep 2012 15:16:00 EDT. Please see our terms for use of feeds.

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Apple seeks additional $707 million, permanent injunctions in patent case against Samsung

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In a court filing late Friday night Apple has requested the court enhance the $1.05 billion in damages a jury awarded it from Samsung for their patent lawsuit in California. FOSS Patents' Florian Mueller has a breakdown of the figures, revealing that Apple has chosen to seek enhancement just on what the jury deemed "willful" patent infringement to the tune of $135 million (less than the 3x amount it could have pursued) plus an additional $400 million for infringement of trade dress. That adds up to $1,756,455,218 it's now seeking from Samsung, plus, as Reuters reporter Dan Levine notes, the expected request for permanent injunctions. That could cover more than the products mentioned in the lawsuit, as Mueller also points out Apple is asking for an injunction against other products with similar features, which could extend to devices like the Galaxy S III. As usual, it's all still far from over and the figures could change, but Samsung is probably just hoping Apple's lawyers use iOS 6 Maps for their next trip to the courtroom.

Update: Per FOSS Patents, adding in interest and supplemental damages Apple's total request is now a tidy $707 million. What does Samsung want? According to Reuters, it's requesting an entirely new trial, because who doesn't want to do this whole thing over again? Stay tuned.

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Apple seeks additional $707 million, permanent injunctions in patent case against Samsung originally appeared on Engadget on Sat, 22 Sep 2012 03:01:00 EDT. Please see our terms for use of feeds.

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Judge decides against lifting US injunction on Samsung’s Galaxy Tab 10.1, for now

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While Samsung wasn't happy with everything in the billion dollar jury decision concerning its case vs. Apple back in August, it did find some use in a ruling that the Galaxy Tab 10.1 did not infringe Apple's design patents. Based on that, it's trying to get the months-old injunction on sales of the device lifted, but CNET and AllThingsD report Judge Lucy Koh has declined to do so at this time, citing a lack of jurisdiction. She did state that Samsung's motion raised a "substantial issue" with the injunction, but will apparently need to wait for the appeals court to send it back to her court room. The two companies still have a court date on Thursday, as well as the December 6th hearing where they'll argue about possible injunctions for some of the other devices involved in this case.

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Judge decides against lifting US injunction on Samsung's Galaxy Tab 10.1, for now originally appeared on Engadget on Tue, 18 Sep 2012 00:56:00 EDT. Please see our terms for use of feeds.

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Apple, Samsung to argue potential bans on infringing phones December 6th in US District Court

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Ardent followers of the Apple v. Samsung hearing in California have another date to circle in their calendars: December 6th. AllThingsD and Reuters report Judge Lucy Koh has put that down as the day the two companies can make their cases over two key steps in the process since the verdict (check out our breakdown of the decision and what its $1.05 billion damage award means here) was handed down Friday evening. Apple is requesting an injunction to block the sale of Samsung phones that were found to infringe upon its patents, while Samsung wants to have the jury's verdict set aside. This changes the plans for the previously scheduled September 20th hearing, which will focus on Samsung's effort to get the injunction lifted on its Galaxy Tab 10.1 that was found not to infringe upon Apple's design patent. Whether you'll be tuned in to Twitter for each line by line update or avoiding the internet altogether, at least now you know which day to plan for.

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Apple, Samsung to argue potential bans on infringing phones December 6th in US District Court originally appeared on Engadget on Tue, 28 Aug 2012 21:24:00 EDT. Please see our terms for use of feeds.

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Apple, Samsung respond to the jury’s decision; September 20th court date set for injunction hearing

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Apple, Samsung respond to the jury's decision September 20th court date set for injunction hearing

Well. The verdict for the tech industry patent trial of the week is in, and the jury agreed with Apple's version of the events enough to award it a billion dollars and change in damages while awarding Samsung... nothing. Naturally, the two companies differ in their viewpoints on this ruling, with Apple celebrating a decision that supports its originality and innovation, and is "sending a loud and clear message that stealing isn't right." Samsung, on the other hand, claims it's all about standing up for the consumer, who it believes will be the true victim here, forced to pay more for fewer choices and less innovation now that one company has "a monopoly over rectangles with rounded corners."

Before we get to the inevitable appeals, Apple is seeking a preliminary injunction against Samsung's infringing products and Judge Lucy Koh has set September 20th as a date for the hearing. Apple has until the 29th to file its motion, which Samsung will have 14 days to respond to, before Apple has two days to craft a response of its own. While we all take a breather before the lawyers get back at it, you'll find the statements from both companies after the break.

Update: As expected, Samsung has indicated it will appeal the ruling. Wall Street Journal's Evan Ramstad tweets that it plans to file post-verdict motions to overturn the decision and if those are unsuccessful, it will take its case to the Appeals Court.

Continue reading Apple, Samsung respond to the jury's decision; September 20th court date set for injunction hearing

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Apple, Samsung respond to the jury's decision; September 20th court date set for injunction hearing originally appeared on Engadget on Fri, 24 Aug 2012 21:35:00 EDT. Please see our terms for use of feeds.

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Apple v. Samsung jury finds Apple’s patents valid, awards it nearly $1.05 billion in damages

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The federal court jury in the patent infringement lawsuit between Apple and Samsung has presented its verdict after deliberating for just 21 hours and 37 minutes following the three week trial. This particular case started with Apple's lawsuit last April and now the jury's decision is that Samsung did infringe on Apple's '381 bounceback patent with all 21 of its products in question. For the '915 patent on pinch-and-zoom, the jury ruled all but three of the devices listed infringed, and more damningly, found that Samsung executives either knew or should have known their products infringed on the listed patents. The jury has also found against Samsung when it comes to Apple's contours on the back of the iPhone and its home screen GUI. The Galaxy Tab, was found not to have infringed upon Apple's iPad design patents. The bad news for Samsung continued however, as the jury decided that not only did it willfully infringe on five of the seven Apple patents, but also upheld their validity when it came to utility, design and trade dress.

The amount of the damages against Samsung is in: $1,051,855,000.00 (see below). That's less than half of the $2.5 billion it was seeking, but still more than enough to put an exclamation point on this victory for the team from Cupertino. The final number is $1,049,343,540, after the judge found an issue with how the jury applied damages for the Galaxy Tab 10.1 4G LTE and Intercept. The jury also ruled that Apple did not infringe upon Samsung's patents with the iPhone 3G and 3GS, and has awarded it zero dollars in damage. We'll have more information for you as it become available.

Update: Both companies have released statements on the matter, with Apple stating via the New York Times the ruling sends a loud and clear message that "stealing isn't right." Samsung has its own viewpoint calling this "a loss for the American consumer" that will lead to fewer choices, less innovation and high prices. You can see both in their entirety after the break.

Continue reading Apple v. Samsung jury finds Apple's patents valid, awards it nearly $1.05 billion in damages

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Apple v. Samsung jury finds Apple's patents valid, awards it nearly $1.05 billion in damages originally appeared on Engadget on Fri, 24 Aug 2012 18:44:00 EDT. Please see our terms for use of feeds.

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Judge Koh denies injunction stay, keeps Samsung Galaxy Tab 10.1 out of stores

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Judge Koh denies injunction stay, keeps Samsung Galaxy Tab 10.1 out of stores

Samsung may have been quick to appeal Judge Lucy Koh's decision to halt Galaxy Tab 10.1 sales, but the woman with the gavel isn't bending. According to Reuters, Judge Koh has rejected the firm's request to allow sales to continue pending a decision, keeping store shelves empty for the time being. The story isn't over, of course -- if Samsung wins the appeal (or the greater dispute) tablets will return to stores in droves. Either way, we all look forward to a time when this whole mess is behind us.

Judge Koh denies injunction stay, keeps Samsung Galaxy Tab 10.1 out of stores originally appeared on Engadget on Mon, 02 Jul 2012 21:57:00 EDT. Please see our terms for use of feeds.

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Judge Koh stops US sales of Galaxy Tab 10.1, puts a smack down on Samsung (updated)

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Judge Koh stops US sales of Galaxy Tab 101, puts a smack down on Samsung updated Judge Koh enjoins sales of Galaxy Tab 101, puts a smack down on Samsung

Thought Samsung was out of the woods when it defeated Apple's attempt to prevent it from selling the Galaxy Tab 10.1 stateside? Well, Apple appealed that decision and was given a second crack at banning Sammy's slate last month -- and it looks like Cupertino made the most of the opportunity, as Reuters reports that Judge Koh has granted Cupertino's request to enjoin the sales of the Galaxy Tab 10.1. Details are scarce at the moment, but we do know it's only a preliminary injunction, meaning if Samsung's ultimately victorious in the case, the injunction will lift and it'll be free to peddle its wares once again. Still, it's certainly bad news for the Korean company, but given its expansive stable of other slates still on sale combined with its recent economic performance, we're sure Samsung can weather the storm while the courtroom fireworks continue.

Update 1: All Things D got a copy of Koh's order, and we just gave it a quick read. Turns out that she granted the injunction due to the strength of the merits of Apple's case and the unlikelihood that Samsung would invalidate Apple's design patent -- the court already held that the 10.1 is "virtually indistinguishable" from the iPad's design and likely infringes Apple's IP. Furthermore, Judge Koh held that, because Apple and Samsung are direct competitors in the tablet space and "design mattered more to customers in making tablet purchases," Apple would be irreparably harmed by further 10.1 sales. Those two factors outweighed any hardship suffered by Samsung, and thus, the Galaxy Tab 10.1 was stricken from US shelves.

Update 2: Well, that didn't take long -- a mere five hours after Judge Koh's order, Samsung filed an appeal, according to Foss Patents.

Judge Koh stops US sales of Galaxy Tab 10.1, puts a smack down on Samsung (updated) originally appeared on Engadget on Tue, 26 Jun 2012 21:44:00 EDT. Please see our terms for use of feeds.

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