Despite Samsung’s best efforts, the Samsung Galaxy Nexus will, at least for now, remain banned from any future sales. The Galaxy Nexus is already unavailable in the Google Play Store and is listed as “Coming Soon.” Judge Lucy Koh denied the Korean company’s motion to have the preliminary injunction overturned, which Apple was granted last week. All Apple needs to do now is post the $96 million bond and the injunction will be all set. Google and Samsung will now most likely go the same route that HTC did when Apple went after their One X and Evo4G LTE. A software update for the Galaxy Nexus will likely be made as a “work-around” to the patent that Apple claims Google and Samsung are infringing upon with the Galaxy Nexus.
Remember when the HTC EVO 4G LTE launch was delayed because it was held up at customs thanks to Apple? It wasn’t just the EVO 4G LTE with issues as Apple claims other phones, including the One X, infringed on a patent order issued in December. After a short delay, the phones were accepted in the U.S., but as expected Apple is fighting back. Apparently they made an emergency request to have HTC phones denied at the U.S. border. Thankfully the U.S. International Trade Commission denied that request.
The patent in question was related to a pop up that appears when clicking on certain links. For example, if you click on an email address, a pop up would appear letting you choose if you want to send it via Gmail, the stock Email application, or some other email application you might have installed on your device. Back in December it was found that HTC violated this infringement and was issued an order to fix it. The interesting thing is they did fix it as you can see in our previous post. Apple is still not pleased and continues to try to block sales of HTC products here in the U.S.
I seriously don’t get it. Why does Apple continue to stoop to these levels? Eventually the mainstream press has to start looking at Apple in a more negative light.
Things aren’t looking good for Samsung this week. Apple won a ban on the Galaxy Tab 10.1 then shortly after, a ban on the Galaxy Nexus. Samsung is appealing both cases, but as to the Galaxy Tab 10.1, U.S. District Judge Lucy Koh rejected Samsung’s request. Now the Galaxy Tab 10.1 isn’t really in sales channels so much since the Galaxy Tab 2 is out, but this is not a good precedence. In fact Koh is the same judge who awarded the pre-trial ban on the Galaxy Nexus this past Friday.
“Samsung is disappointed with the court’s decision that denied our motion to stay. We believe today’s ruling will ultimately reduce the availability of superior technological features to consumers in the United States,” Samsung said in a statement.
Now if there is anything to feel optimistic about, it’s the fact that the district court is not the last chance for Samsung. They are appealing on the federal level in Washington, DC, which has exclusive jurisdiction over intellectual property disputes.
Nokia today jumped on the patent infringement bandwagon, this time alleging that the just announced jellybean tablet, the Nexus 7, violates some WiFi patents that Nokia holds near and dear to its heart.
It looks like this one won’t end up in the courts though, as Nokia seems ready and willing to license the patents (for a fee of course).
Since Google is selling this thing for $199, you’ve got to wonder if there is even anything left in that meager price tag to kick a couple bucks up to Nokia…
The ongoing feud between Samsung and Apple needs to be resolved so we can just get on with our lives. The latest has Apple winning a preliminary injunction against Samsung for the Galaxy Nexus and the older Galaxy Tab. Now we are hearing reports that Google and Samsung have a “game plan” that will most likely lead to a cross licensing deal with Apple.
The Korean Times was able to get a quote from one Samsung source saying, “It’s too early to comment on our game plan (with Google) in the legal battle; but we will do our best to get more royalties from Apple, which has benefited from our technology. The fight is becoming more dramatic and the possibility of a truce in the form of a cross-licensing deal, seems to be becoming likely.”
Unsurprisingly, Samsung today filed an appeal for Apple’s injunction banning sales of the Galaxy Nexus in the US. Samsung is arguing that the ban “is inconsistent with the Federal Circuit’s directive that market share losses must be substantial”. The preliminary injunction, handed out by Judge Lucy Koh, is based on the “Siri patent”, which is a patent on unified search that Koh believes the Galaxy Nexus infringes. Samsung must be getting used to these appeals as it also recently appealed a similar injunction against the Galaxy Tab 10.1, which is also now banned from store shelves.
There’s still a good chance the Federal Circuit will stay the injunction for the Galaxy Nexus, allowing sales to continue. If not, then Sammy (or maybe even Google since the phone runs stock Android) will have to come up with a software workaround, similar to what HTC had to do to get past the injunction on their One X series of phones.
Are we having fun yet with these lawsuits? I didn’t think my disdain for Apple could get any worse, but they keep proving me wrong.
source: foss patents
Apple today won an injunction against Samsung that may see a ban on sales of the popular Galaxy Nexus phones.
U.S. District Judge Lucy Koh issued a preliminary injunction instructing Samsung to halt sales of the Galaxy Tab 10.1 in the U.S. The injunction was sought by Apple as part of their lawsuit against Samsung for patent infringement involving the design of the Galaxy Tab 10.1.
Koh had previously declined to issue a preliminary injunction against Samsung. However, a federal appeals court directed Koh to reconsider the order. The injunction will not be effective until Apple posts a $2.6 Million bond to cover potential damages should Samsung ultimately prevail and it is shown the injunction should not have been issued.
The case of Apple v. Motorola has been effectively dismissed in its entirety in US Federal Court by Judge Richard Posner on Friday. The case has been going on since 2010 and had already been reduced to Apple claiming four patent violations by Motorola, and Moto claiming one against Apple.
Posner had previously dismissed the case, at least tentatively, with one more chance given to both parties to make their case. Apparently, both sides failed to prove damages so Posner ruled that an injunction against the sale of any products is unwarranted. This is great news, especially for Motorola who was in the weaker position.
Hit the break for quotes from the ruling and a link to the full document.
Apple has launched yet another offensive against its Android counterparts, this time filing a counterclaim in the Eastern District of Virginia court. This counterclaim lawsuit was filed in response against HTC, which recently filed a complaint in the ITC against Apple. According to FOSS patents, Apple claims HTC has abused two specific patents important to the 4G/LTE wireless standard and using them in a legal attack against Apple. By using abusing the two patents, Apple argues HTC breached its FRAND licensing obligations.
We’re sure you all are wonder what this means for both Apple and HTC, right? Well… no one knows just yet. But you can bet this will be a serious situation to keep an eye on because of the fact “there will probably be more cases in the future in which companies try to use 4G/LTE-essential patents as strategic weapons or for hold-up” and the government may not take too kindly for that. All eyes will be on this case in the meantime and any further developments that will arise.