Last week, Samsung motioned to stay the preliminary injunction of the Galaxy Tab 10.1, but Judge Lucy Koh denied the request. Samsung then appealed to the United States Court of Appeals for the Federal Circuit in hopes of stay at the federal level. Samsung’s motion for an immediate stay of the Galaxy Tab 10.1 injunction was denied by the Federal Circuit’s Motions Panel, with no reasons given, but since the Galaxy Tab 10.1 is nearing the end of its shelf-life, it’s presumed that the circuit judges feel the harm to Samsung is minimal.
The Federal Circuit has ordered Apple to respond to Samsung’s motion to stay no later than July 12 by noon (Eastern Time) for the Tab 10.1.
In contrast, Samsung did win a stay on the injunction against the Galaxy Nexus. At least there’s that.
source: foss patents
The International Telecommunications Union (ITU), a part of the United Nations, has announced plans for a roundtable in Geneva on October 10, 2012. The purpose of the gathering is to address the surge of patent litigation and lack of adherence to standards bodies’ patent policies. These actions are leading to more instances of markets being blocked and high-profile cases of goods being impounded at docks. The roundtable discussion will include standards organizations, key industry players, and government officials.
As previously reported, Google and Samsung are preparing a solution to work around the recent ban on sales of the Samsung Galaxy Nexus imposed by U.S. District Court Judge Lucy Koh. The halt on sales of the device is a result of a preliminary injunction granted as part of a lawsuit filed by Apple against Samsung. Apple alleges Samsung has violated a patent for a “universal interface for retrieval of information in a computer system.”
According to reports, Google has prepared an OTA update to roll out to current Nexus owners. Google indicates they plan to resume sales of the Nexus smartphones next week loaded with Android 4.1 Jelly Bean. According to spokespersons, the Jelly Bean implementation will include the workaround so the devices will not be in violation of the preliminary injunction.
We will continue to monitor the situation for reports of users receiving the OTA update and the restoration of the Galaxy Nexus to the Play Store. Hopefully the wait will be a short one.
source: ABC News
We don’t normally report what’s going on in the world of Apple, but since they have been a thorn in everyone’s side with patent lawsuits, we though you might find this interesting. Apple has been sued in China, but not by Samsung, Motorola, HTC, or another Android manufacturer. Zhizhen Network Technology is the culprit and they say that Apple’s Siri voice assistant infringes on their Xiaoi voice assistant.
The patent in question is ZL200410053749.9 and it relates to a “type of instant messaging chat bot system,” which happens to be called Xiaoi Bot. The Xiaoi patent was applied for by Zhizhen back in 2004 and was granted in 2006. What really has Zhizhen ticked off the most is the way Apple marketed Siri on their Chinese website. They said, “It (siri) can understand what you say and what you’re asking for, and it can find the answer that you are looking for on the web”. It’s no longer on the website.
In a recent ruling, Judge Richard Posner with the 7th U.S. Circuit Court of Appeals (Chicago) effectively ended the case of Apple v. Motorola before it ever got to a courtroom by dismissing the claims in the case. In his ruling, Posner indicated specific claims for damages could not be shown by either party which left him no choice but to dismiss the case.
Posner is a judge who is not scared to speak out on a variety of issues. Just last week he wrote a critique of Supreme Court Judge Scalia’s dissent in the Arizona immigration lawsuit. Posner is a prolific writer as evidenced by a row of books in his office that he has authored, including one on the topics of economics and intellectual property laws.
Posner indicates in a recent interview about the Apple v. Motorola case that he questions whether we really need software patents. He mentions the benefit that software companies receive by being first to market with a new “gadget”, a benefit he thinks will exist whether patents are granted or not. He also has some concern with the fact that smartphones and similar devices are composed of thousands of components, yet a patent on any one of those components effectively confers legal protection (or liability) on the entire device, even the components not covered by the patent.
To read more about Judge Posner and the topic of patents, head on over to the source article. It provides a unique glimpse into one judge’s perspective on the continuing software patent wars.
Sure Apple has recently seen its fair share of legal victories, but it’s just been dealt a major blow— courtesy of the U.K. courts. Judge Christopher Floyd recently ruled that HTC is not in violation of four Apple patents used for its touchscreen technology, which includes Apple’s slide to unlock feature. In addition, not only does HTC not infringe on Apple’s patents, but three of the four patents identified are actually invalid. The court only ruled that while Apple’s photo-management patent is valid, HTC didn’t infringe upon it.
While this is a significant victory for HTC, this is perhaps far from over. After all before his death, Steve Jobs did pledge Apple will “destroy Android” because ummmm you know… it was a stolen product and all.
There it is folks, the Samsung Galaxy Nexus is no longer available via the Google Play Store and is now deemed as “Coming Soon.” One can only guess the reasons why Google has pulled their iconic device temporarily off the shelves, although I’m sure we all can assume it’s due to a certain injunction that recently passed. Either way, the Nexus is now currently unavailable and Google didn’t give a time table as to when it will be available for purchase once again. I would expect this to be available once Google finishes a software “work-around” to comply with Apple’s complaint on a patent infringement on the Nexus.
This certainly is a frustrating time for customers that were looking to purchase the Nexus, especially after Google just dropped the price on the device to $349.99. If you would like to be notified by Google as soon as the Nexus is once again available in the Play Store, you can enter your email so that you can be notified. Of course, we will also have your back and inform our readers as soon as the Nexus is back.
source: Google Play Store
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.