Tag Archives: injunction against

Aug 29

Apple injunction hearing against Samsung phones ...

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The next phase of the Apple-Samsung patent infringement saga has been scheduled for December 6.

That is the date on which Lucy Koh, the presiding judge in the closely-watched trial, will hear Apple’s motion for an injunction against eight Samsung mobile phones, as well as the South Korean electronics giant’s expected motion to have the jury’s verdict set aside.

“Having considered the scope of Apple’s preliminary injunction request, the additional post-trial motions that the parties have already filed and will file, and the substantial overlap between the analysis required for Apple’s preliminary injunction motion and the parties’ various other posttrial motions, the Court believes consolidation of the briefing and hearing on the post-trial motions is appropriate,” Koh said today in a court filing (PDF).

Following Friday’s unanimous decision in favor of Apple’s patent claims against Samsung, Apple yesterday detailed which Samsung devices it wants banned from sale in the U.S. All told, the devices in question racked up about $460.8 million worth of the damages, or less than half of the $1.05 billion Apple was awarded by the jury. That number could still triple, pending a ruling by Koh.

Not included on the December 6 docket is Samsung’s motion to remove a previously ordered sales ban on the Galaxy Tab 10.1tablet. in a filing earlier this week, the company noted that the jury found that Samsung did not violate an Apple patent that prompted the injunction on the Galaxy Tab 10.1. That hearing is scheduled for September 20.

Apple injunction hearing against Samsung phones set for Dec. 6

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Jul 08

Samsung loses bid to lift U.S. sales ban against ...

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Samsung Galaxy Tab 10.1

(Credit:Samsung)

A U.S. judge today rejected Samsung’s appeal of a preliminary injunction against U.S. sales of its Galaxy Tab 10.1, according to Reuters.

U.S. District Judge Lucy Koh granted an Apple request last week for a preliminary injunction against theAndroid-poweredtablet, largely considered a front-runner to challenge theiPad. Samsung had asked the court to suspend the order pending resolution of an appeal.

While Apple has already posted a $2.6 million bond as required to initiate the injunction, that doesn’t necessarily mean sales of the tablet will immediately cease in the U.S. Samsung has also appealed the injunction to the Court of Appeals for the Federal Circuit, a Washington, D.C. court that specializes in intellectual property disputes.

CNET has contacted Apple and Samsung for comment and will update this report when we learn more.

Apple has been trying desperately to secure a U.S. ban on Samsung’s tablet since April 2011, when it filed a lawsuit in California accusing the Korea-based electronics giant of copying “the look and feel” of its iPad tablet and iPhone smartphone. Apple scored a win last October when Koh ruled that Samsung’s line of Galaxy tablets infringe on Apple’s patents.

Samsung, meanwhile, has fired back with its own patent-related claims against Apple. in addition to the U.S., the battle has touched down in Australia, the Netherlands, Germany, parts of Asia, France, and Italy.

Samsung is also fighting an Apple-requested preliminary injunction against its Galaxy Nexus phone. the company filed an appeal of the order with the Court of Appeals for the Federal Circuit that seeks a stay of the injunction for the duration of the appeal.

Samsung loses bid to lift U.S. sales ban against Galaxy Tab

Jul 08

Apple wins preliminary injunction on ...

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June 26, 2012 at 7:14 pm

A bit of legal news this evening: U.S. District Judge Lucy Koh issued a preliminary injunction on the Samsung Galaxy Tab 10.1 in the United States late this evening, according to Reuters. Apple has fought worldwide for close to a year to get an injunction against a slew of Samsung products, claiming Samsung “slavishly” copies its products. the folks in Cupertino are most likely celebrating this evening, after working hard to protect the hot-selling iPad. when asked to give comment on the case, Judge Koh said Samsung is “competing unfairly” by “flooding the market with infringing products.”

“Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products. while Samsung will certainly suffer lost sales from the issuance of an injunction, the hardship to Apple of having to directly compete with Samsung’s infringing products outweighs Samsung’s harm in light of the previous findings by the Court.”

According to AllThingsD, the injunction will begin once Apple posts a $2.6 million bond to protect Samsung if the injunction is later determined to be wrongly issued. An Apple spokeswoman commented, “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.”

To be clear, this has been issued for the original Galaxy Tab—not the newer version Samsung just released.

Oh, and Happy Google I/O everyone (which begins tomorrow)! Check out the court documents below:

Documents via AllThingsD

Top image via Gizmodo

Apple wins preliminary injunction on Samsung’s Galaxy Tab 10.1, ahead of Google I/O kicking off tomorrow

Feb 23

Motorola Ends Winning Streak, Apple Scrambles up ...

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Motorola Mobility’s winning streak ended today when they failed to secure another win against Apple for a patent case involving the use of mathematical sequences in mobile telecommunications.

The Regional Court in Mannheim rejected the suit, as presiding Judge Andreas Voss stated that Motorola failed to show how Apple violated the said patent.

Motorola won a preliminary injunction against Ireland-based Apple Sales International for the following products: iPhone, iPhone 3G, iPhone 3GS, iPhone 4, iPad 3G and iPad2 3G, last December.  And last week, MoMo won a second German patent ruling against Apple over their iCloud service, allowing them to block the sales of devices with access to the iCloud, as well as ask Apple for information about past sales and holds Apple liable for damages.

Yesterday, reports stated that Motorola is asking  Apple to pay a royalty of 2.25% on iPhone sales.  To update on that matter, Google Inc., whose acquisition of Motorola may be approved by next week, sent letters to standards organizations such as the European Telecommunications Standards Institute pledging to uphold Motorola’s existing practice to license patents under fair, reasonable and non-discriminatory terms or FRAND.  That pledge includes support for the 2.25% net-selling price for each device royalties Motorola is asking from Apple as well as other companies using their technology.

Net-selling price is the selling price of a handset, tablet, or other consumer device before application of any discounts or subsidies provided to consumers by carriers.

Though the Google-Motorola deal may soon be approved, Motorola execs say consumers shouldn’t blame them for the fragmented rollout of Android 4.0 Ice Cream Sandwich updates because Google’s released version of ICS is designed for the Galaxy Nexus, giving other handset makers quite a time in tweaking it for retro-fit.

“When Google does a release of the software … they do a version of the software for whatever phone they just shipped,” Christy Wyatt, senior vice president and general manager of Motorola’s Enterprise Business Unit, said. “the rest of the ecosystem doesn’t see it until you see it. Hardware is by far the long pole in the tent, with multiple chipsets and multiple radio bands for multiple countries. It’s a big machine to churn.”

Apple In “Crunch Mode”

As Apple readies for the iPad 3 release in March, they’re also scrambling to figure out which apps to feature during the event that would really show what the new iPad is offering.

According to a report from TheNextWeb, Apple is soliciting demonstrations from many app developers and preparing demonstrations of those apps for the live event.  And as the event draws near, this process continues at an increased rate.  After selecting which apps they would feature in the live event, they would select the best apps that impressed them and send them to their long-time advertising partner TWBA/Chiat/Day for possible inclusion in the iPad 3 commercial.

Concept: Nokia Lumia Coffee Tablet

Nokia fans are still waiting for the company to announce whether they would be launching a Windows 8-based tablet.  While waiting, fans are submitting their ideas as to what they think the tablet should look like and feature if ever Nokia decides to launch one.

At My Nokia Blog, people can submit ideas for the next Nokia device under the category Dream Nokia.  Tristan, one of the many dreamers, submitted the Lumia “coffee” tab which features 1.4GHz cpu, 512Mb ram, 16/32/64Gb storage, 9.7″ AMOLED “clearblack” display (1280×800), 8Mp Rear camera, 2Mp front facing camera, Windows 8 tablet edition and Wifi/3G connectivity.  There are other cool ideas for the Nokia tablet on the site, like ScChow’s Nokia Lumia 90 – a dual screen tablet, phone and the Lumia Tablet by Beytullah Kuşcu, which looks like the iPad.

Windows 8 On ARM

Speaking of Windows 8, aside from hinting that it would be running on ARM processors, making people think that Microsoft is really launching a Windows 8 tablet, the OS is rumored to have built-in “Office 15” apps when it launches.

Microsoft’s president of the Windows division Steven Sinofsky published a blog post that tells the tale of why they chose ARM but still supports Intel and AMD and how it works for desktops and PCs but still open to the possibility of using WOA to create tablets.

“Windows on ARM, or WOA, is a new member of the Windows family, much like Windows Server, Windows Embedded, or Windows Phone,” wrote Sinofsky.  “As with those products, WOA builds on the foundation of Windows, has a very high degree of commonality and very significant shared code with Windows 8, and will be developed for, sold, and supported as part of the largest computing ecosystem in the world.”

Also, Microsoft is officially launching the Windows 8 Consumer Preview in Barcelona, Spain, on February 29th.  The preview will allow everyday consumers to download and use a pre-release version of Windows 8.  But because it’s a pre-release, expect that it would be oozing with bugs and unfinished features.

Motorola Ends Winning Streak, Apple Scrambles up Apps for iPad 3 Debut

Jan 29

Dutch Court Favors Samsung Galaxy Tab 10.1

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Dutch court this week ruled in favor of Samsung in a case filed by Apple to ban the sale of the Galaxy Tab 10.1. the ruling came from the Gerechthof’s-Gravenhage appeals court after about five months of debates that focused on Samsung’s alleged copying of the appearance of the iPhone and the iPad with their products. the court held that the Samsung Galaxy Tab 10.1 is not a copy of the Apple iPad in terms of design.

Prior to the ruling, another Dutch court gave a preliminary injunction against covering said smartphones all over the EU. the Galaxy Tab 10.1, however, was not included in the injunction. another temporary ban was placed by a court in Dusseldorf Germany to sell the Galaxy Tab 10.1, but the same might also be lifted next week.

Samsung, however, is not taking these developments sitting down. To circumvent the ban, for instance, the South Korean company has launched the Galaxy Tab 10.1N, a modified version of the original Galaxy Tab 10.1.

It bears noting, too, that apart from Samsung, several tablet PCs currently available have similar designs with the iPad, and Apple is trying to assert left and right, in the US and Europe, that its design patent be respected.

Design similarity is a difficult and hazy topic to argue, and Apple needs more rulings to establish how less similar indeed products may be with the iPad for them to be considered different.

via goodereader

Dutch Court Favors Samsung Galaxy Tab 10.1

Sep 22

Apple vs. Samsung suit: German court upholds ...

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A German court upheld its preliminary sales ban on the Samsung Galaxy Tab 10.1 on Friday, the latest move in an international patent battle between Samsung and Apple.

"The court is of the opinion that Apple's minimalistic design isn't the only technical solution to make a tablet computer, other designs are possible," said Justice Johanna Brueckner-Hofmann in court, according to a Bloomberg news report.

"For the informed customer there remains the predominant overall impression that the device looks" like the design Apple has patented in Europe, Brueckner-Hofmann said, according to the report.

The court decision is a win for Apple, which is suing Samsung in Germany over complaints that the Korean consumer electronics maker is infringing on a number of Apple-owned patents with the Galaxy Tab tablets and Galaxy phone lines. Apple accuses Samsung of also copying the look and feel of the iPad and iPhone with its Galaxy products.

The German court first granted Apple a sales ban request against the Galaxy Tab 10.1 in August and last week, the court also places a temporary injunction against the sale of the unreleased Galaxy Tab 7.7 there as well. Samsung told Bloomberg that it will appeal the ruling.

Apple and Samsung are also locked in patent battles over phones and tablets in other European countries, as well as Japan, the U.S. and Australia.

Apple won a sales injunction against Samsung's Galaxy S, Galaxy S II and Ace smartphones last month in 30 European countries. The Galaxy Tab 10.1 has been voluntarily placed under a sales stoppage in Australia.

While the two tech giants are rivals, and suing each other in courtrooms around the world, they are also business partners from time to time as well. Samsung makes displays and internal components for the iPad, iPhone and iPod Touch.

Samsung's unreleased Galaxy Tab 7.7 faces German ban

Apple sues Samsung in Japan, seeking to block Galaxy phone sales

Apple wins ban on sales of Samsung Galaxy smartphones in 30 E.U. nations

– Nathan Olivarez-Giles

twitter.com/nateog

Photo: an Apple iPad 2, left, and a Samsung Galaxy Tab 10.1 at a store in The Hague, Netherlands, last month. Credit: Robert Vos/EPA

Apple vs. Samsung suit: German court upholds Galaxy Tab 10.1 ban

Sep 11

Samsung Galaxy Tab 7.7 Removed From IFA 2011 Due ...

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Last week Samsung announced a range of new products, one of those was the new Samsung Galaxy Tab 7.7, the successor to Samsung’s original Galaxy Tab tablet, and now it looks like Samsung has been forced to remove the Galaxy Tab 7.7, plus all promotional material from this years IFA in Berlin.

According to Florian Mueller from Foss Patents, the reason that Samsung has removed the new Galaxy Tab 7.7 from its IFA stand is because of the ongoing court case with Apple.

Samsung’s Galaxy Tab 10.1 was banned in Germany a while back, and now it would appear that Apple may have obtained a new injunction against the new Galaxy Tab 7.7 which was only announced last week, Samsung had the following to say about it.

“Samsung respects the court’s decision,” Chung said, adding that the company believes it “severely limits consumer choice in Germany.” Samsung will pursue all available options, including legal action, to defend its intellectual property rights”

Samsung not being able to show their new Galaxy Tab 7.7 at IFA isn’t the best news, and this sort of things could continue for some time until either Apple or Samsung wins in court or the come to some sort of agreement.

Source Foss Patents

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Samsung Galaxy Tab 7.7 Removed From IFA 2011 Due To Apple Court Case

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Sep 09

Motorola Admits Xoom Tablet Faces Apple Lawsuit in ...

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Motorola (NYS: MOT) has confirmed that Apple (NAS: AAPL) is suing it in Germany over patent design infringements for its Xoom Android tablet.

The disclosure comes after Apple won a preliminary injunction against the Samsung GalaxyTab 10.1 last week, which stopped sales of the tablet in the EU, with the exception of the Netherlands, where a separate lawsuit is under way.

Motorola says Apple filed the complaint on May 27 this year in response to Motorola’s own patent-infringement complaints against Apple, which Motorola filed in Germany in April.

“Apple’s complaint for design patent infringement was filed on May 27, 2011, over two months ago,” Motorola told The Inquirer. “Motorola has reviewed Apple’s claims and believe they have no merit. we intend to vigorously defend Motorola’s own product designs.”

However, intellectual-property analyst Florian Muller says that that the Apple complaint does not fully clarify whether Apple is asking for an injunction against the Motorola Xoom, and he suggests that the Motorola tablet may have been available for sale for too long for Apple to call for a preliminary injunction.

While it remains unclear whether Xoom shipments into Europe will be halted by this legal action, the case against Samsung could take weeks before the German court reaches a judgment and seriously damage the South Korean manufacturer’s hopes to gain market share. Meanwhile, observers claim that the GalaxyTab 10.1 is still being offered online in many European countries.

this article originally published here. get your wireless industry briefing here.

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Motorola Admits Xoom Tablet Faces Apple Lawsuit in Germany