PreliminaryInjunction
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Court of Appeals for the Federal Circuit tells Judge Koh to revisit Galaxy Tab 10.1 injunction
One of the hallmarks of the US judicial system is its seemingly inexhaustible system of appeals -- a system for which Samsung is likely most grateful at the moment. Its earlier entreaty to Judge Lucy Koh to have the Galaxy Tab 10.1 preliminary injunction lifted may have been denied, but the Court of Appeals for the Federal Circuit is giving the Korean company another bite at the Apple. That court has granted Samsung's request to have the injunction issue remanded so that the trial court can re-consider Samsung's motion to dissolve it. The ruling enables Samsung to argue that the injunction should be lifted because the jury failed to find infringement of the tablet design patent upon which the injunction is based. Will Judge Koh lift the ban? Perhaps, but we're pretty sure that the crowd from Cupertino will be doing plenty to prevent that from happening. Stay tuned.
Samsung denied a second time, Galaxy Tab ban stands
You can't blame 'em for trying, but it's no surprise that Samsung's second attempt to put a hold on the impending American ban of its Galaxy Tab failed. Judge Koh has already say the preliminary injunction could not wait while the Korean company pursued an appeal, and now the Court of Appeals is backing her up. To make matters worse, the court has also refused to expedite the appeal process, potentially prolonging the time the flagship slates are missing from the shelves. Now Sammy will just have to wait for the trial to start on July 30th and hope for a victory, or go back and redesign its tablets to look less like an iPad. We hear that triangles might be the ticket.
Aereo avoids a preliminary injunction, keeps its antenna to internet TV service on the air for now
While the battle between Aereo, a service that brings OTA TV broadcasts to the internet, and the broadcasters that began suing it before it even launched continues, a judge ruled today against a request for a preliminary injunction to shut it down. Reuters reports that the basis for the decision is that while the broadcasters demonstrated they faced "irreparable harm", Aereo too faced harm from a potential shutdown, and the balance did not tip heavily enough in the broadcasters favor. So, for now the subscription feeds from those microantennas to NYC residents shelling out $12 a month will continue -- we'll wait see if the upstart streamer's streak continues.
Samsung gets temporary stay on Galaxy Nexus ban in US while waiting for Apple response
Samsung is getting just a bit of respite from the ban on the Galaxy Nexus, after all: Judge Lucy Koh has granted Samsung's request for a temporary halt to the ban while waiting on Apple's response on the subject, due July 12th. That's not much of a break, but it lets Google resume selling the phone on Google Play for several more days before there's a more definitive consideration on the merits of a preliminary injunction. We're still seeing the Android 4.1 phone listed only as "coming soon," but it may just be a matter of hours before Jelly Bean lovers get another taste.
Samsung denied: Judge Koh declines to lift injunction against Galaxy Nexus, but Google's got a workaround
Happy Independence Day, Apple. Reuters reports that Samsung's request to have the preliminary injunction against the Galaxy Nexus lifted has officially been denied. This follows a similar ruling yesterday, when the Korean firm's plea to have a similar ban on its Galaxy Tab 10.1 also fell on deaf ears. This means that there will be no more Samsung Nexi on store shelves until either a workaround can be implemented or the case is resolved. And, according to All Things D, Google and Sammy have already got a workaround ready to go and the software patch implementing it will be pushed out "imminently." So, in actuality, the news isn't that bad for Android lovers, but it does put another feather in Apple's legal cap. Update: In case you weren't sure what "no more Nexi on store shelves" means, the phone is currently listed as coming soon in Google's own Play store, pending that software update that hopefully clears it for sale in the US.
Judge Koh denies injunction stay, keeps Samsung Galaxy Tab 10.1 out of stores
Samsung may have been quick to appeal Judge Lucy Koh's decision to halt Galaxy Tab 10.1 sales, but the woman with the gavel isn't bending. According to Reuters, Judge Koh has rejected the firm's request to allow sales to continue pending a decision, keeping store shelves empty for the time being. The story isn't over, of course -- if Samsung wins the appeal (or the greater dispute) tablets will return to stores in droves. Either way, we all look forward to a time when this whole mess is behind us.
Judge Koh stops US sales of Galaxy Tab 10.1, puts a smack down on Samsung (updated)
Thought Samsung was out of the woods when it defeated Apple's attempt to prevent it from selling the Galaxy Tab 10.1 stateside? Well, Apple appealed that decision and was given a second crack at banning Sammy's slate last month -- and it looks like Cupertino made the most of the opportunity, as Reuters reports that Judge Koh has granted Cupertino's request to enjoin the sales of the Galaxy Tab 10.1. Details are scarce at the moment, but we do know it's only a preliminary injunction, meaning if Samsung's ultimately victorious in the case, the injunction will lift and it'll be free to peddle its wares once again. Still, it's certainly bad news for the Korean company, but given its expansive stable of other slates still on sale combined with its recent economic performance, we're sure Samsung can weather the storm while the courtroom fireworks continue. Update 1: All Things D got a copy of Koh's order, and we just gave it a quick read. Turns out that she granted the injunction due to the strength of the merits of Apple's case and the unlikelihood that Samsung would invalidate Apple's design patent -- the court already held that the 10.1 is "virtually indistinguishable" from the iPad's design and likely infringes Apple's IP. Furthermore, Judge Koh held that, because Apple and Samsung are direct competitors in the tablet space and "design mattered more to customers in making tablet purchases," Apple would be irreparably harmed by further 10.1 sales. Those two factors outweighed any hardship suffered by Samsung, and thus, the Galaxy Tab 10.1 was stricken from US shelves. Update 2: Well, that didn't take long -- a mere five hours after Judge Koh's order, Samsung filed an appeal, according to Foss Patents.
Apple calls for an early ban on Samsung Galaxy S III, isn't amused by S Voice
Samsung might have been right when it said lawyers didn't design the Galaxy S III, because it's in legal hot water again. Apple has moved to add the new Android 4.0 flagship to the same request for a preliminary US ban that would stop the Galaxy Nexus. Cupertino believes the Galaxy S III violates at least two patents, one the data tapping patent that's also being leveled against HTC and the other a unified search patent that covers Siri; not surprisingly, Apple isn't keen on that strangely recognizable S Voice interface. A hearing was already scheduled for June 7th and is now taking on a new sense of urgency, at least in Apple's mind: it's arguing that the rumored nine million pre-orders (still unconfirmed) are evidence of the potential damage if the US court lets the dispute slide. Samsung has already said that the injunction call won't affect its rapidly approaching US launches. The company had better hope it's right, or it risks disappointing a lot of early pre-order customers.
Apple gets another bite, wins appeal to pursue preliminary injunction against Samsung
We'll forgive you if you've forgotten, given the myriad Apple/Samsung legal shenanigans, but back in February, Apple attempted to obtain a preliminary injunction against Samsung to prevent the Galaxy Tab 10.1 and a few phones from being sold in the US. Samsung emerged victorious, as the district court denied Cupertino's request because it questioned the validity of a couple of Apple's patents and didn't see how Apple would be irreparably harmed if it failed to get Sammy's products banned. Naturally, Tim Cook's crew appealed that decision, and the Court of Appeals for the Federal Circuit (CAFC) has decided to give Apple another crack at obtaining an injunction. The CAFC upheld the lower court's ruling as to three of the four patents, but found fault with the District Court's holding that Apple's tablet design patent had substantial questions of validity. Essentially, the lower court held that Apple's patent was likely no good because it was an obvious design in light of two tablets that were created long before Apple patented the iPad's look. However, the CAFC found that one of the previous slate's asymmetrical bezel and lack of an unbroken, all-glass surface (among other differences) were sufficient to render Apple's patent non-obvious. Basically, the appellate court found that the District court "construed the claimed design too broadly," and remanded the issue so that the district court could complete its preliminary injunction analysis. So, Apple's cleared a big hurdle towards getting the Galaxy Tab 10.1 off the US market, but the company's still got to persuade Judge Koh that it'll be irreparably harmed without the injunction. This decision assures even longer legal proceedings, but given how well both of these tech titans are doing these days, we're pretty sure they can afford the attorneys' fees.
Apple puts Galaxy Tab 10.1N on the chopping block, asks German court for preliminary injunction
It wasn't long ago that Samsung modified its Galaxy Tab 10.1 to get it back on the German market, and it didn't take long for Apple to respond. Apparently, Cupertino didn't take kindly to Sammy's sneaky workaround, and has filed for an injunction to stop the 10.1N from showing up on store shelves in Germany. The slate's fate will be determined on December 22nd, so we'll have to wait and see whether it joins its siblings on the sidelines, or is around to deliver some Honeycomb delights to those in Deutschland come Christmas morn.
Samsung looks to block iPhone 4S sales in France, Italy
Not exactly a shocking development here, but Samsung has just announced that it's looking to block sales of the iPhone 4S throughout France and Italy, opening up yet another frontier in its ongoing patent war with Apple. In a statement, the company confirmed that it will file two preliminary injunction requests in Paris and Milan today, on the grounds that Cupertino's new handset infringes upon two patents related to WCDMA standards for 3G-enabled devices. And it looks like this could only the beginning, with the manufacturer stating that it plans to pursue similar actions in other countries, as well. "Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology," reads Samsung's statement. "We believe it is now necessary to take legal action to protect our innovation." Apple has yet to comment on the filings, but we'll be following the drama very closely.
Samsung asks Dutch courts to block iPad, iPhone sales
This whole thing is starting to play out like a giant game of patent Risk. As it did in Australia, Samsung is hitting back against Apple in the Netherlands, asking for a preliminary injunction aimed at Apple's mobile line, including the iPhone 3GS, iPhone 4, iPad and iPad 2, claiming that the products infringe on 3G patents held by the Korean electronics giant. The proposed ban would prohibit importing the products into the country and would recall them from Dutch retail stores.
German court lifts ban on some European Samsung Galaxy Tab 10.1 sales
A Dusseldorf, Germany regional court has partly lifted a preliminary injunction issued last week banning Samsung from selling the Galaxy Tab 10.1 in Europe, the day after Webwereld noticed inconsistencies in Apple's injunction filing. Now Europeans (save those living in Germany) won't need to trek to the Netherlands to get their Tab fix -- at least until a verdict is issued after Samsung's August 25th appeal hearing. Sales of the device were originally banned following an Apple lawsuit alleging patent infringement, but were permitted to resume after a realization that a German court may not have the authority to halt sales of a South Korean company's device outside of Germany. Since the judgement didn't affect devices that had already been distributed to retailers, it's unknown whether or not the week-long ban has had any effect on sales.[Thanks to everyone who sent this in]
Samsung Galaxy Tab 10.1 European ban hearing to be held August 25th
No one was all that surprised when Samsung announced plans to fight the injunction granted by a German court that banned the sale of its Galaxy Tab 10.1 in Europe -- what is perhaps surprising, however, is how quickly the wheels of justice are spinning on this one. The hearing, which was initially expected to take four weeks to get started, will be held on August 25th. A decision on overturning the ban is expected to arrive a few weeks after that date.
Zediva puts the brakes on its streaming service, soothes your fears with monkeys
Zediva fought the law and the law shut it down. The unique DVD rental service, sued by the MPAA and Hollywood studios for running afoul of licensing and distribution agreements, has temporarily closed shop. A statement on the outfit's website optimistically refers to the court-ordered injunction as an "intermission," pointing to a hopeful future resumption of operations, and guaranteeing customers a solution for unused credits. The company's promised to fight back against Judge Walter's decision, and is in the process of appealing the ruling that could see it facing a permanent service blackout. We hope for the sake of its "DVD-changing monkeys" that all parties involved can work this out. Make sure to head past the break for Zediva's full explanation.
German Apple suit ruling blocks Samsung Galaxy Tab 10.1 sale in Europe
The plot thickens yet again in the seemingly endless patent war between Apple and Samsung. A new ruling by a regional court in Dusseldorf, Germany has granted Cupertino a preliminary injunction, blocking the sale and advertising of the Galaxy Tab 10.1 across Europe, save for the Netherlands. Samsung can still appeal the ruling -- in the meanwhile, however, the decision will stand. According to The Telegraph, the likely appeal will take about a month to be heard by the judge who granted the injunction. Update: Jonne wrote in to tell us about Samsung's official response to the matter. The company notes that all products already distributed to retailers in Germany will not be affected by the decision. And naturally, Samsung promises to fight to have the injunction lifted.
Zediva's DVD rental service ordered to close shop, Hollywood pops celebratory bubbly
Zediva's loophole-exploiting DVD rental service has just been dealt a lethal blow by Judge John F. Walter. The recent court-ordered preliminary injunction effectively halts the company's ability to rent its library to users across the internet's great streaming divide. Citing irreparable damages to both the nascent video on demand market and Hollywood's bottom line, the federal judge found Zediva's business in violation of studios' exclusive right to public performance of copyrighted works. The bizarro Netflix alternative had been operating without the normal licensing restrictions required by the industry and despite its claims of imminent ruination, will have to close shop. For its part, the unique startup has vowed to appeal the ruling, but if that doesn't work, at least its creators can watch No Strings Attached ad nauseum.
Apple's request for preliminary injunction denied, Amazon's Appstore needs no alias
Remember when Apple sued Amazon, claiming the online retailer was infringing its "App Store" trademark? To stop Bezos and his boys from using the "Appstore" moniker for their Amazonian Android Market, Apple filed for a preliminary injunction last month, and today the judge denied that request. Despite the Cupertino company's claims of consumer confusion and brand dilution, the court found in Amazon's favor -- in part because the term "app store" is descriptive and is used by plenty of mobile software purveyors. Of course, this doesn't end the legal shenanigans between these two tech titans, but it does mean that Amazon's Appstore can keep its incredibly original name... for now. Want the full breakdown why Apple got a judicial stiff arm? Dig into a copy of the order denying its motion in the source link below.
