Apple denied stateside Galaxy S III injunction

Apple denied Stateside Galaxy S III injunction

Judge Lucy Koh has denied Apple's request for a domestic sales ban of Samsung's latest flagship. Her Honor put her foot down, saying that adding any more litigation to the already overcrowded docket would cause the courtroom action to be postponed again. Cupertino subsequently relented, eager to get the trial proper started, which is currently slated to begin on July 30th.

Apple denied stateside Galaxy S III injunction originally appeared on Engadget on Wed, 13 Jun 2012 04:52:00 EDT. Please see our terms for use of feeds.

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Apple files (again) for a preliminary ban against the Samsung Galaxy Tab 10.1

Apple's filed for a preliminary injunction (again)

If you found yourself longing for the minor tweaks Samsung made to the Galaxy Tab 10.1 in Germany earlier this year, you may be in luck: Apple's filed for a preliminary injunction against the slate stateside. It isn't the first one, either, Cupertino filed something similar back in February, though it didn't quite pass legal muster. After gaining some headway earlier this week, Cook's crew is in for round two, according to FOSS Patents, asking for Judge Koh to rule in their favor without a new hearing. Concerned consumers, however, can sidestep the whole mess by simply opting for an injunction-exempt Galaxy Tab 2. Details and speculation can be found at the source link below, just in case you aren't already sick to death of the whole Samsung / Apple spat.

Apple files (again) for a preliminary ban against the Samsung Galaxy Tab 10.1 originally appeared on Engadget on Sat, 19 May 2012 02:29:00 EDT. Please see our terms for use of feeds.

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Apple gets another bite, wins appeal to pursue preliminary injunction against Samsung

Apple gets another bite, wins appeal to pursue preliminary injunction against Samsung

We'll forgive you if you've forgotten, given the myriad Apple/Samsung legal shenanigans, but back in February, Apple attempted to obtain a preliminary injunction against Samsung to prevent the Galaxy Tab 10.1 and a few phones from being sold in the US. Samsung emerged victorious, as the district court denied Cupertino's request because it questioned the validity of a couple of Apple's patents and didn't see how Apple would be irreparably harmed if it failed to get Sammy's products banned. Naturally, Tim Cook's crew appealed that decision, and the Court of Appeals for the Federal Circuit (CAFC) has decided to give Apple another crack at obtaining an injunction. The CAFC upheld the lower court's ruling as to three of the four patents, but found fault with the District Court's holding that Apple's tablet design patent had substantial questions of validity.

Essentially, the lower court held that Apple's patent was likely no good because it was an obvious design in light of two tablets that were created long before Apple patented the iPad's look. However, the CAFC found that one of the previous slate's asymmetrical bezel and lack of an unbroken, all-glass surface (among other differences) were sufficient to render Apple's patent non-obvious. Basically, the appellate court found that the District court "construed the claimed design too broadly," and remanded the issue so that the district court could complete its preliminary injunction analysis. So, Apple's cleared a big hurdle towards getting the Galaxy Tab 10.1 off the US market, but the company's still got to persuade Judge Koh that it'll be irreparably harmed without the injunction. This decision assures even longer legal proceedings, but given how well both of these tech titans are doing these days, we're pretty sure they can afford the attorneys' fees.

Apple gets another bite, wins appeal to pursue preliminary injunction against Samsung originally appeared on Engadget on Mon, 14 May 2012 13:58:00 EDT. Please see our terms for use of feeds.

Permalink Wall Street Journal  |  sourceCAFC ruling (PDF)  | Email this | Comments

Apple and Samsung finally agree… to drop a plethora of claims from their patent spat

Apple and Samsung finally agree... to drop a plethora of claims from their patent spat

Last week, Judge Lucy Koh informed Apple and Samsung that they would have to reduce the number of patent claims at issue in the parties' Northern District of California litigation. And now, each has complied, with Samsung dropping its total number of asserted patent claims from 75 to 15, while dismissing two patents from the case altogether. For its part, Apple has reduced its case to one claim from each of its asserted utility patents, its four iPhone and one iPad design patents, and its trade dress claims for those two devices. Keep in mind, however, that they did so without prejudice, which means that either party can reassert these dismissed claims in a later lawsuit. That said, the parties have at least attempted to placate Judge Koh in order to keep their July 30th trial date, which is when the real legal fireworks begin. Feel free to check the filings below for the full scope of this most recent patent pruning.

Apple and Samsung finally agree... to drop a plethora of claims from their patent spat originally appeared on Engadget on Tue, 08 May 2012 13:47:00 EDT. Please see our terms for use of feeds.

Permalink All Things D  |  sourceApple filing (PDF), Samsung filing (PDF)  | Email this | Comments

Apple v. Samsung judge yells ‘get to the point, you two’

ImageJudge Lucy Koh, presiding over the courtroom battle 'twixt Apple and Samsung has ordered that both companies slim down the bundle of litigation so its easy for juries to understand. The docket currently contains 16 patent violations, six trademark issues, five "trade dress" claims and an antitrust matter -- which her Honor Judge Koh described as a "cruel and unusual punishment" for a jury. If both companies can't get over a table and produce a Cliffs Notes edition of their global patent battle, then she'll postpone the trial date until 2013.

Apple v. Samsung judge yells 'get to the point, you two' originally appeared on Engadget on Thu, 03 May 2012 10:57:00 EDT. Please see our terms for use of feeds.

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Antitrust suit carries on against Intel, Apple, Google and others

Antitrust suit carries on against intel, apple, google and others

They can hope and pray all that they want, but Google, Intel, Apple, Adobe, Intuit, Pixar and Lucasfilm will soon be facing some serious accusations in a courtroom under the Sherman Antitrust Act and California's Cartwright Act. After years of trying to dodge legal action over an "informal agreement" to not pinch each others employees, and an effort to have the case dismissed, the seven defendants will have to stand trial as ordered by District Judge Lucy Koh in San Jose, California. In her decision Koh said, not only was there evidence that these agreements were made at the highest levels of the company but, that six such deals were struck in secret in such a short time frame "suggests that these agreements resulted from collusion." There's still time for yet another deal to be struck, however, this time between the defendants and the DOJ. Otherwise it looks like all seven will have to stand trial in June of 2013.

Antitrust suit carries on against Intel, Apple, Google and others originally appeared on Engadget on Fri, 20 Apr 2012 10:48:00 EDT. Please see our terms for use of feeds.

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Samsung brings another eight patents to the Apple knife-fight

Image

The Mamas and the Papas used to dream about it, but California's been turned from sunny idyll into blood-spattered battleground as the global conflict 'twixt Samsung and Apple continues. Samsung's pulled out a further eight patents to rebuke Apple's Northern District court injunction that's got designs on banishing the Galaxy Nexus from our shores. Two of the patents are licensed under FRAND terms, muddying the waters even further over the contentious subject of common patent sharing. Meanwhile, both company CEOs are being made to engage in sit-down talks with the hope that Judge Lucy Koh won't make them share a dorm room at summer camp.

Samsung brings another eight patents to the Apple knife-fight originally appeared on Engadget on Thu, 19 Apr 2012 10:00:00 EDT. Please see our terms for use of feeds.

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