Aug 14

Apple Wins Injunction Against Samsung’s ...

Apple has won its greatest victory yet in its sprawling intellectual property battle with Samsung: An injunction against U.S. sales of what was until recently the Korean company’s marquee Android tablet.

U.S. District Judge Lucy Koh late Tuesday issued a ruling granting Apple’s request for a preliminary injunction banning sales of the Galaxy Tab 10.1 tablet in the United States, pending further review. the Galaxy Tab 2 10.1, which Samsung uncrated last month, is not affected.

“Although Samsung has a right to compete, it does not have a right to compete unfairly by flooding the market with infringing products,” Koh wrote in her order, adding that the strength of Apple’s case on the merits left her no choice but to grant the injunction. “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.”

Now this is only a preliminary injunction and Samsung will certainly appeal it. but make no mistake, it’s a nasty blow to Samsung. Note that Koh issued her order a few days prior to a Friday hearing on Apple’s injunction request. Evidently, she didn’t feel the need to hear any further arguments on the matter before ruling on it. Which is interesting, as Koh denied a previous Apple request for an injunction against the Galaxy Tab 10.1 last December.

Koh’s order will become effective as soon as Apple posts a $2.6 million bond to protect Samsung if it is later determined that the injunction should not have been granted.

Reached for comment, Apple reiterated the same message it has been hammering at since this debacle began. “It’s no coincidence that Samsung’s latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging,” spokeswoman Kristin Huguet told AllThingsD. “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.”

Meanwhile, Samsung took a shot at Apple’s case as well as its patent litigation strategy. “Apple sought a preliminary injunction of Samsung’s Galaxy Tab 10.1, based on a single design patent that addressed just one aspect of the product’s overall design,” Samsung said in a statement. “Should Apple continue to make legal claims based on such a generic design patent, design innovation and progress in the industry could be restricted.”

The ruling in full below:

Apple Wins Injunction Against Samsung’s Galaxy Tab

Jul 09

Samsung fails in bid to lift ban on US sales of ...

A California court has rejected an appeal by Samsung requesting the lifting of a US sales ban imposed last week on its Galaxy Tab 10.1 tablet.

Samsung’s US lawyers must be scratching their heads wondering what they need to do to get a court decision to go its way.

Last week a California court imposed a preliminary injunction banning US sales of its Galaxy Tab 10.1 tablet in response to a lawsuit brought by Apple claiming infringement of patents related to the design of its iPad device. Samsung were, of course, quick to appeal the decision, requesting that the temporary ban be lifted until a final decision is made.

Unfortunately for the Korean tech giant, that appeal was rejected by the same court on Monday, so the sales ban remains in place.

An AllThingsD report said a Samsung spokesperson described the court’s decision as disappointing. The spokesperson added, “We believe today’s ruling will ultimately reduce the availability of superior technological features to consumers in the United States. regardless, we will continue to pursue a request for an appeal of the Galaxy Tab 10.1 preliminary injunction, which we filed on June 26 to the Court of Appeals for the Federal Circuit.”

On Friday the same court – and the same judge, in fact (Lucy Koh) – also imposed a temporary injunction on Samsung’s Galaxy Nexus handset, preventing it from being sold in the US. Apple is behind that patent case too. The Android-powered Galaxy Nexus, the result of a collaboration between Samsung and Google, hit the market late last year and is the search giant’s flagship smartphone.

It has been suggested that the ban on the company’s tablet could cost it as much as $60 million, while the injunction on the Galaxy Nexus could see as much as $120 million disappear down the tubes.

If Samsung’s continued appeals fail to succeed, the company has two choices. It could – as suggested in this DT piece which takes a closer look at the current tablet-related spat between Samsung and Apple – modify the physical look of the device to remove the basis of Apple’s claim (as it did in Germany), or retire it altogether and concentrate on marketing its Galaxy Tab 2 10.1 tablet instead – although who’s to say that that won’t also be the subject of a patent dispute somewhere down the road….

[Source: Reuters, Apple Insider]

Samsung fails in bid to lift ban on US sales of Galaxy 10.1 Tab

Jul 08

Apple wins preliminary injunction on ...

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

Jul 08

Court Clears Samsung Galaxy Nexus For Sale But ...

Winning a minor victory in its patent battle with Apple, Samsung entered the weekend with its Galaxy Nexus cleared for sale — at least temporarily.

Last week, a U.S. federal court handed down a preliminary sales ban on Samsung’s flagship Android phone. in a San Jose court, U.S. District Judge Lucy Koh granted Apple the preliminary injunction after deciding that the Nexus smartphone may violate a patent Apple owns regarding “unified search,” a feature in which Apple’s Siri voice assistant searches both the web and the contents of a mobile device.

On Friday, however, a U.S. appeals court overturned Koh’s ruling, which would have barred the Galaxy Nexus from being sold until July 30, the date on which a patent trial concerning the dispute is set to begin.

The Galaxy Nexus is now back on sale in the Google Play storefront, but the reinstatement remains tenuous. the U.S. Court of Appeals for the Federal Circuit said in a document that it is lifting the sales ban, but could decide to put it back in place after hearing arguments from Apple. the appeals court gave Apple until July 12 to respond, according to a report from Foss Patents.

Officials at Samsung were unavailable for comment by press time on Saturday. While not named in the patent suit, Google has said it is readying an imminent software update for Android 4.0 (Ice Cream Sandwich) that will allow Samsung to sell the Galaxy Nexus without facing any patent conflicts. On Saturday, the Nexus’ listing in the Google Play store was updated, stating that the phone “ships soon” and when it does, will be running the latest version of Android, 4.1 Jelly Bean, which also includes the software changes.

In the same patent fight, Apple has also won a temporary sales injunction against the Samsung Galaxy Tab 10.1 tablet, which Apple argues looks and feels illegally close to the iPad. the appeals court has not overturned that sales ban.

Via The Verge.

Court Clears Samsung Galaxy Nexus For Sale But Patent Battle Continues

Jul 01

Samsung Galaxy Nexus Smartphone Banned

Keerthi Chandrashekar first Posted: June 30, 2012 12:43 PM EDT

Consumers in the U.S. will not be able to buy this Samsung Galaxy Nexus smartphone once Apple posts the $96 million bond. REUTERS/Bobby Yip

On Friday United States California Judge Lucy Koh ordered a temporary sales ban on the Samsung Galaxy Nexus smartphones in the U.S., giving Apple its second victory in the same week.

Earlier in the week, Judge Koh also ruled in Apple’s favor banning the sales of the Samsung Galaxy Tab 10.1 tablet computer.

Apple has been contesting that Samsung’s products infringe upon Apple patents.

“Apple has clearly shown that it is likely to suffer irreparable harm in the absence of preliminary injunctive relief,” Judge Lucy Koh wrote in the ruling available online

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The U.S. District Court of Northern California said on Friday that the Samsung Galaxy Nexus smartphone “likely” infringes on four patents held by Apple, including one that is part of Siri, Apple’s voice assistant used on the new iPhone 4S.

Apple needs to post a $96 million bond to cover the estimated loss of sales Samsung will suffer in case Apple loses the lawsuit down the road. Once the bond is posted, the sales ban will go into effect.

“We are currently working closely with Google to resolve this matter, as the patent in question concerns Google’s unified search function,” said Nam Ki-yung, a spokesman for Samsung.

This isn’t the first time the two companies have tangled. Apple and Samsung have been tangled up in lawsuits in North America, Asia, and Europe since April 2011. Apple accuses Samsung of basically copying the iPhone and the iPad while Samsung says that Apple uses its mobile technology without permission from them. 

© 2012 Latinos Post. All rights reserved. Do not reproduce without permission.

Samsung Galaxy Nexus Smartphone Banned

Jun 30

Samsung Galaxy Tab 10.1 sales ordered to stop in ...

If you just returned home with a Samsung Galaxy Tab 10.1 in your hands from your latest bout of consumer electronics shopping, thank your lucky stars. A US judge issued a preliminary injunction earlier today to prevent any more sales of the Samsung Galaxy Tab 10.1 tablet Stateside. according to US District Judge Lucy Koh, this ruling granted Apple’s request for said preliminary injunction. This came about after Apple appealed the original decision, and I guess Apple’s legal eagles certainly had a field time ensuring that their employer is not disappointed with the result at all.

Bear in mind that this is just a preliminary injunction, so assuming Samsung ends up as the victor at the end of the case, this particular injunction will no longer be in effect, and Samsung is a free company to sell their Galaxy Tab 10.1s. Good thing Samsung is not reliant on just a single tablet in its approach to this market segment, so chances are they will not be sinking anytime soon.

Samsung Galaxy Tab 10.1 sales ordered to stop in the US

Jun 30

Update: Samsung’s Galaxy Tab 10.1 blocked ...

IDG News Service – A federal court in California has blocked the sale of Samsung’s Galaxy Tab 10.1 tablet in the U.S. in a patent dispute between Apple and Samsung.

Samsung intends to appeal.

In an order on Tuesday granting the preliminary injunction, Judge Lucy H. Koh of the U.S. District Court for the Northern District of California, San Jose division has enjoined Samsung and its U.S. subsidiaries from importing or selling within the U.S. the tablet or any “product that is no more than colorably different from this specified product and embodies any design contained in U.S. Design Patent No. D504,889.”

The patent refers to the ornamental design of the device. The court previously found the Galaxy Tab 10.1 to be substantially similar “in the eyes of the ordinary observer” to the D’889, the Judge said. It noted that the Galaxy Tab 10.1 is “virtually indistinguishable” from Apple’s iPad and iPad 2, she added.

Apple has been ordered to post a bond for $2.6 million towards any damages sustained by Samsung if it is later found to have been wrongfully enjoined, Judge Koh said in her eight-page order.

The maker of the iPad tablet and other iconic devices filed in July last year for a preliminary injunction against the Galaxy Tab 10.1 tablet, which had been released about four months earlier, as well as several Samsung smartphones. It alleged that Samsung had infringed the D’889 patent, as well as a utility patent.

In a December 2, 2011 order, Judge Koh found that Apple had established that the Samsung Galaxy Tab 10.1 likely infringed upon the D’889 Patent, and that Apple was likely to suffer irreparable harm as a result of Samsung’s infringing conduct. However, the court denied the preliminary injunction because the D’889 Patent was likely invalid based on several prior art references.

The Court of Appeals for the Federal Circuit upheld District Court’s findings of infringement and irreparable harm with respect to the D’889 Patent, but reversed the court’s invalidity finding as to the patent, Judge Koh said in her order on Tuesday.

The appeals court remanded to the District Court to assess the balance of hardships and public interest factors.

This District Court finds that the balance of hardships tips in Apple’s favor, in the light of the Federal Circuit’s ruling that Samsung has not raised a substantial question as to the validity of the D’889 Patent, Judge Koh said in her order.

Samsung was not immediately available for comment on the order. Judge Koh’s order becomes effective as soon as Apple posts the bond.

The company has meanwhile filed notice with the court that it intends to appeal.

John Ribeiro covers outsourcing and general technology breaking news from India for The IDG News Service. Follow John on Twitter at @Johnribeiro. John’s e-mail address is john_ribeiro@idg.com

Update: Samsung’s Galaxy Tab 10.1 blocked from sale in the US

Jun 29

Samsung Appealing Apple’s Galaxy Tab ...

Only hours after Judge Lucy Koh granted Apple a preliminary injunction blocking the sale of the Galaxy Tab 10.1 tablet in the United States, Samsung made it clear it plans to appeal the ruling. The electronics maker filed a notice to appeal in the patent infringement case on Wednesday, according to Foss Patents.

Samsung to appeal Galaxy Tab 10.1 injunction

Apple and Samsung have been fighting in court over patent infringement claims for over a year and have been seeking injunctions to block each other’s mobile devices from being sold to consumers. Yesterday’s ruling marks the first time Apple has won an injunction in the United States to block the sale of what it sees as an iPad copycat.

In her ruling, Judge Koh stated, “Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products.”

Apple still needs to post a US$2.6 million bond before the injunction order goes into effect, and the iPhone and iPad maker hasn’t said when — or if — it plans to do so.

Samsung Appealing Apple’s Galaxy Tab Injunction

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    Injunction
Jun 28

Sales of Samsung Galaxy Tab are suspended after ...

A U.S. judge decided to stop sales of Samsung Galaxy Tab 10.1 in the U.S., after the application for Apple, according to Reuters. This is a great victory in the patent wars of recent years, but only a home win. Previously, U.S. District Judge Lucy Koh San Jose, California, Apple rejected the request for the order, followed by a federal appeals court to reconsider Koh instruction for Apple.A10-801 8 inch Android2.3/ 4.0 Tablet PC supportting Flash10.3

As you know, the Galaxy Tab 10.1 is the most problematic that Samsung created in recent years, so that had to change their design in several countries to avoid problems with Apple. In Germany, the tablet was banned and came to her in Australia. There were some problems in the Netherlands and the U.S. and now … Tablet Android 4.0 now the judge says Koh Samsung has no right to engage in unfair competition and affect product brands. the following is the withdrawal of products from the shops and the ban, but only after Apple posts $ 2.6 million bond to protect against injury from Samsung wins a new trial later.

The patent war has been developing since 2010 and who were also involved in the likes of Motorola, Nokia and HTC, with the latter also have to suffer some delays because their products were stopped at the customers, because they infringed any Apple patent. Apple’s many rivals are saying that the Cupertino giant’s patents used too aggressively to stop competition. However, Samsung probably appeal the decision to Koh, it is far from over. the good thing about the Galaxy Tab 2 units to take advantage of, right?

Sales of Samsung Galaxy Tab are suspended after the court decición

Jun 17

Apple must wait for sales injunction against ...

Apple pushed for an injunction that would ban the sale of the Samsung Galaxy Tab 10.1 in the US, but Judge Lucy Koh of the United States District for the Northern District of California denied this motion. according to a report by FOSS Patents, Koh told Apple it had to wait until the United States Court of Appeals for the Federal Circuit (CAFC) issues its mandate on the case. once the CAFC responds, Apple can ask again for an injunction.

This delay will help Samsung, which faces Apple in another court session scheduled for Thursday June 7. Rather than the Galaxy Tab injunction, the session will focus on the injunction Apple filed against the Galaxy Nexus.

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Apple must wait for sales injunction against Galaxy Tab 10.1