According to a report published earlier today by The Wall Street Journal, HTC’s already inauspicious year is about to get even worse as the Taiwan-based company has now been hit with an injunction that prevents sales of many of its smartphones through the German operator Deutsche Telekom. The court order was applied for by an independent patent licensing firm trading under the name of Acacia Research Group LLC, and is believed to be attributed to an alleged infringement of a voice coding technology patent.
Earlier this year Jawbone filed a lawsuit against several former employees who left to join rival Fitbit. Jawbone’s lawsuit claims the former employees took confidential company information with them in a breach of their contract with Jawbone. A California superior court judge granted a preliminary injunction on Tuesday to Jawbone. Read more
Last week, Nokia earned a victory in a patent dispute that halted HTC One Mini sales in the United Kingdom. The device would no longer be available and consumers would have to opt for another device. Fortunately for HTC, the device will resume being sold until December 12. That is the date that HTC will head back to court to appeal the court’s decision. While a few days won’t make a difference in terms of sales, HTC’s camp is preparing to fight in order to keep the One Mini around in the United Kingdom.
Here is HTC’s statement:
“HTC is pleased that an urgent hearing with the Court of Appeal has been scheduled for Dec. 12. Until the Court of Appeal hearing on Dec. 12, the court’s injunction against HTC is stayed. Until the hearing on Dec. 12, our U.K. customers will be able to sell all HTC devices which are already in their inventories.”
Source: Focus Taiwan
Via: HTC Source
Judge Lucy Koh has reneged on her previous decision to stop sales of the Samsung Galaxy Tab 10.1 in the US, and has officially lifted the sales injunction on the device. This change of heart has come after a California Court of Appeals found that the tablet did not infringe on any of Apple’s trade dress patents.
As expected, Samsung is thrilled with the decision, saying:
“We are pleased with the court’s action today, which vindicates our position that there was no infringement of Apple’s design patent and that an injunction was not called for.”
Apple’s $2.6 million bond could also potentially be issued to Samsung due to the wrongful accusation. While this decision is certainly good news, Apple should undoubtedly be held responsible for Samsung’s inability to sell its product. Besides, that’s what the bond was posted for in the first place. At this point, though, it’s not even that big of a deal, seeing as the company is already selling its third iteration of the device.
As reported earlier today, Sprint began rolling out an update for the Galaxy Nexus phone. Likely requiring a few days to reach all devices, the update modifies the received signal strength indicator (RSSI), adds support for Sprint TV, and adjusts LTE settings to default to “on.” The update does a little more than that though – it removes local search capability.
For those jumping into the saga at this point, the local search capability refers to the ability to search contacts or files on the phone using the same search box one would use to do a search of the web. This capability has become the focus of a legal battle involving Apple, who obtained a preliminary injunction blocking sales of the Galaxy Nexus. The solution for carriers and the manufacturer, Samsung, has been to disable local search until the litigation is resolved.
Followers of the lawsuit are probably not surprised by this move by Sprint. They may be surprised that Sprint did not disclose this part of the update.
source: Android Central
An update from the never ending Samsung vs. Apple saga….
Samsung has won its request to expedite its appeal of the preliminary injunction that Apple won against the Galaxy Nexus. Samsung needs to file a brief with the court, then Apple has until the end of the month to respond.
In its initial complaint, Apple accused Samsung of harming manufacturers other than Apple with their alleged patent violation, something the courts won’t even consider anyway. Apple also this week decided to start contacting (read: threatening) vendors to stop selling the Galaxy Nexus and Galaxy Tab 10.1.
The good news is that Sprint and Google were both allowed amicus briefs, which allow them to argue on behalf, and with, Samsung. Apple also had a problem with that, saying that Google was not in fact a neutral third-party.
All of this isn’t expected to see the inside of a courtroom until 2014, at which point it seems the Galaxy Nexus would have already been long replaced anyway.
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
Apple today won an injunction against Samsung that may see a ban on sales of the popular Galaxy Nexus phones.
Samsung today fired back at Apple’s recent allegations of patent infringement relating to the Galaxy S III. Apple has claimed the phone infringes on at least two of its patents, and has requested an injunction to prevent sales in the US until it can figure it out for sure. Samsung responded in a statement that it can and will “demonstrate to the court that the Galaxy S III is innovative and distinctive“. The Galaxy S III went on sale in Europe on May 29th, and is expected to go on sale in the US in July, months before Apple is expected to unveil the iPhone 5.
This is just the latest in the never ending feud between Apple and Samsung, and it seems Apple is feeling more and more vulnerable as it seeks to maintain its market share through litigation instead of innovation. We’ll keep you posted, but for those of us waiting for a Galaxy S III here in the States, let’s hope this gets settled quickly.
Remember how Apple tried to obtain a preliminary injunction against Samsung to stop them from selling the Galaxy Tab 10.1 (and some phones) from being sold in the U.S.? If you’ll recall, Samsung won that battle as the district court denied Apple’s request, questioning the validity of a couple of Apple’s patents. The court couldn’t see how Apple would be “irreparably harmed” if Samsung were to continue selling its products.
Apple, of course, appealed that decision. And it looks like the Court of Appeals for the Federal Circuit (CAFC) has granted Apple another chance at getting that injunction. Three of the four patents in dispute were upheld by the CAFC, but they found fault with the lower court’s ruling that Apple’s tablet design patent was potentially invalid.