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Judge Lucy Koh lifts ban on Samsung’s Galaxy Tab 10.1

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by Colton Kaiser on
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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.

Source: Reuters

Sprint Galaxy Nexus update removes local search function

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by Jeff Causey on
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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

Apple, Samsung Trade Jabs Over Galaxy Nexus

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by Brian Kramer on
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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.

source: Electronista

Immediate Stay of Galaxy Tab 10.1 Injunction Denied By Federal Circuit

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by Ed Caggiani on
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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

Samsung Responds to Apple’s Latest Infringement Allegations

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by Brian Kramer on
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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.

via BusinessWeek

Apple Wins Appeal, Pursues Preliminary Injunction Against Samsung

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by Ed Caggiani on
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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.

» Read the rest

Patent Wars: Australian Court Overturns Samsung Tablet Ban, Apple Wants to Ban Samsung Galaxy Tab 10.1N in Germany

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by Jack Holt on
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Are you sick and tired of reading about the patent wars between Apple and Samsung yet? Well it appears that Samsung has won one legal battle against Apple in Australia. Samsung won its appeal lawsuit against Apple in the land down under, and overturned a ban on selling the Galaxy Tab 10.1. An appeals court said that the original judge in a lower court made a mistake that approved Apple’s request for an injunction against the tablet. The three-judge panel believed that the original court “erred in principle” and was quoted to say:

“We cannot see how Samsung’s conduct in refusing the offer of an early trial could properly be weighed.”

Nam Ki Yung, a spokesman for Samsung, also remarked:

 “The ruling clearly affirms that Apple’s legal claims lack merit.”

However, Apple isn’t backing down without a fight. They are still accusing Samsung of copying their products. Bloomberg received an email from an Apple spokesperson that wrote:

“This kind of blatant copying is wrong and, as we’ve said many times before, we need to protect Apple’s intellectual property when companies steal our ideas,”

So it appears that, as of right now, Samsung has won a victory in Australia, but things appear different on the German front. Even with Samsung’s modifications to their original Galaxy Tab 10.1, the Galaxy Tab 10.1N, still appears too similar to the iPad for Apple’s liking. Too similar in fact, that Apple has requested yet another injunction to stop sales of the tablet in Germany. The hearing for said injunction is scheduled for December 22nd, according to Down Jones Newswires.

So the patent wars continue to well, continue. It does appear however, that even with Apple’s slew of preliminary victories, that Samsung is starting to win some cases of their own. As the Apple versus Samsung battle continues, things are surely to heat up.

[via Nasdaq and Bloomberg by BGR]

Motorola Defeats Apple in German Patent Dispute, Outcome is Not as it Seems

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by Stacy Bruce on
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The international patent debacle got a little spicy yesterday when FOSS Patents reported that Motorola Mobility had actually won a German injunction against Apple that could potentially prevent them from selling Apple products in Germany. Apple has since issued a statement confirming the injunction, but before you go getting all excited, a little bit of research reveals the outcome may not actually be as it appears. » Read the rest

Verizon isn’t okay with Apple trying to block imports of Samsung Android devices in the U.S.

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by Robert Nazarian on
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An International Trade Commission (ITC) hearing is scheduled for October 13th, which could result in a preliminary injunction of four Samsung Android smartphones in the U.S. The largest mobile carrier in the U.S., Verizon Wireless, has requested permission to file a brief in the Federal Court for the Northern District of California on the part of Samsung ahead of this court hearing. They even went as far as proposing that President Obama should exercise his presidential veto right against possible ITC import bans against Apple as well as Android devices.

The phones in question are the Infuse 4G, DROID Charge, Galaxy S 4G, and the Galaxy Tab 10.1. Verizon is arguing that there is potential for grave harm to the public interest if the court grants an injunction. As a result of having less 4G LTE phones, it would hurt consumer choices and reduce the availability of high-speed wireless broadband to Americans.

Verizon is additionally concerned that if Apple is granted the preliminary injunction, it is likely Samsung will step up its game which could eventually block Apple products. It is a no win situation, but the consumer is guaranteed to lose, and Verizon would like the courts to consider the public interest when making its decision.

Verizon isn’t making the strongest argument, but they are making some noise by speaking out in favor of Samsung which can’t hurt.

[via fosspatents]

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