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US Appeals court rules Motorola can't enforce injunction against Microsoft in Germany... again
In another face of the ever turning world of patent battles, Reuters reports Microsoft has snagged a victory over Motorola as the 9th US Circuit Court of Appeals ruled in its favor today. Motorola had obtained an injunction in Germany against Microsoft products -- including the Xbox 360 and Windows 7 -- based on its h.264 patents back in May, but today the court upheld a previous decision putting enforcement on hold because of Microsoft's existing lawsuit against Moto for breach of contract. Microsoft's push to leverage its patents into licensing payouts from manufacturers of Android devices have seen the two at each other's throats since at least 2010, when the folks from Redmond lodged an ITC complaint over nine patents and followed up with another suit accusing Motorola of charging unfair license fees for its patents. Motorola fired back with its own pair of lawsuits -- all of this a year before we heard it would be acquired by Google -- and the battle was on. Whether or not this moves us any closer to any resolution remains to be seen, but at least Bavarian gaming consoles are safe, for now.
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.
Judge decides against lifting US injunction on Samsung's Galaxy Tab 10.1, for now
While Samsung wasn't happy with everything in the billion dollar jury decision concerning its case vs. Apple back in August, it did find some use in a ruling that the Galaxy Tab 10.1 did not infringe Apple's design patents. Based on that, it's trying to get the months-old injunction on sales of the device lifted, but CNET and AllThingsD report Judge Lucy Koh has declined to do so at this time, citing a lack of jurisdiction. She did state that Samsung's motion raised a "substantial issue" with the injunction, but will apparently need to wait for the appeals court to send it back to her court room. The two companies still have a court date on Thursday, as well as the December 6th hearing where they'll argue about possible injunctions for some of the other devices involved in this case.
Samsung asks for South Korean injunction against LG for allegedly stealing OLED tech
LG and Samsung have had to live with each other as cornerstones of the South Korean economy, but that uncomfortable balance might just have been knocked off-kilter through an escalating legal battle. Samsung has filed for an injunction against LG for supposedly coercing 11 Samsung researchers (already indicted in July) into leaking the secrets behind its OLED screens, including 18 pieces of technology and 21 related documents. The accuser wants 1 billion won (about $879,771) in compensation for every piece of technology that might have slipped out. Suffice it to say that LG isn't happy with being labeled as a thief -- it notes that LG screens use white OLEDs instead of Samsung's RGB technique, reducing its incentive to swipe anything Samsung makes. LG even contends that Samsung is just trying to hide its embarrassment at losing OLED TV demo units that were headed to IFA 2012. Without a clear resolution in sight, there's every indication the legal dispute could become very ugly.
Apple wants Samsung injunction hearing date moved up
Late last week, Apple asked US District Court Judge Lucy Koh to speed up the decision on its injunction request against eight Samsung devices, says a report in FOSS Patents. Koh scheduled an injunction hearing in September, but the court will discuss the current ban against the Galaxy Tab 10.1, not Apple's injunction request. The Galaxy Tab 10.1 was banned earlier this year, but the jury found that the device does not infringe on any Apple patents. Samsung wants the injunction overturned now that the jury ruled in its favor. Koh scheduled a second hearing in December to discuss Apple's injunction against Samsung, but Apple isn't pleased with that later date. Apple points out that this schedule is "asymmetrical" and asked the judge to make a decision on Apple's injunction before it considers the ban on the Galaxy Tab. Apple is likely pushing for an earlier hearing so it can ban Samsung from selling its devices during the holiday shopping season. [Via Electronista]
Apple, Samsung to argue potential bans on infringing phones December 6th in US District Court
Ardent followers of the Apple v. Samsung hearing in California have another date to circle in their calendars: December 6th. AllThingsD and Reuters report Judge Lucy Koh has put that down as the day the two companies can make their cases over two key steps in the process since the verdict (check out our breakdown of the decision and what its $1.05 billion damage award means here) was handed down Friday evening. Apple is requesting an injunction to block the sale of Samsung phones that were found to infringe upon its patents, while Samsung wants to have the jury's verdict set aside. This changes the plans for the previously scheduled September 20th hearing, which will focus on Samsung's effort to get the injunction lifted on its Galaxy Tab 10.1 that was found not to infringe upon Apple's design patent. Whether you'll be tuned in to Twitter for each line by line update or avoiding the internet altogether, at least now you know which day to plan for.
Apple asks that eight Samsung devices be banned from US store shelves
Favorable infringement findings in hand, we knew Apple would seek injunctions to ban Samsung devices from being sold in the US. And now we know that Tim Cook and company are following up on that billion dollar verdict and are seeking to enjoin eight handsets from being sold. As you can see in the chart above, the Galaxy S 4G, four Galaxy S II variants, the Galaxy S Showcase, Droid Charge, and Galaxy Prevail are all on the chopping block. Why is Apple only going after eight of the twenty-something devices found to be infringing its IP? Well, most of them are no longer being sold, and we all know how Judge Koh just hates having her time wasted.
Apple expected to file for an injunction, while Samsung says it will appeal
Now that the verdict has been handed down in the Apple/Samsung patent trial, Apple has filed a motion for a preliminary injunction against Samsung's infringing devices, according to Engadget. Apple is expected to claim that the continued sales of these devices will cause irreparable harm to the Cupertino company and ask the court to ban their sale in the US. Apple has until August 29 to formally file its proposal, and Samsung has until September 12 to respond. Both parties will return to the court on September 20 for a formal hearing to discuss the injunction. While Apple is busy preparing its injunction request, Samsung will be seeking to reverse this decision. According to a Wall Street Journal report, Samsung confirmed it will file post-verdict motions to overturn this decision. If these legal maneuvers fail, then the Korean company will file an appeal.
Apple, Samsung respond to the jury's decision; September 20th court date set for injunction hearing
Well. The verdict for the tech industry patent trial of the week is in, and the jury agreed with Apple's version of the events enough to award it a billion dollars and change in damages while awarding Samsung... nothing. Naturally, the two companies differ in their viewpoints on this ruling, with Apple celebrating a decision that supports its originality and innovation, and is "sending a loud and clear message that stealing isn't right." Samsung, on the other hand, claims it's all about standing up for the consumer, who it believes will be the true victim here, forced to pay more for fewer choices and less innovation now that one company has "a monopoly over rectangles with rounded corners." Before we get to the inevitable appeals, Apple is seeking a preliminary injunction against Samsung's infringing products and Judge Lucy Koh has set September 20th as a date for the hearing. Apple has until the 29th to file its motion, which Samsung will have 14 days to respond to, before Apple has two days to craft a response of its own. While we all take a breather before the lawyers get back at it, you'll find the statements from both companies after the break. Update: As expected, Samsung has indicated it will appeal the ruling. Wall Street Journal's Evan Ramstad tweets that it plans to file post-verdict motions to overturn the decision and if those are unsuccessful, it will take its case to the Appeals Court.
Apple denied Galaxy Nexus and Tab ban in Germany
Samsung is having slightly better luck in Munich than it is here the US in its ongoing legal battle with Apple. The high court upheld a previous ruling that Cupertino's patent relating to "list scrolling and document translation, scaling, and rotation on a touch-screen display" was invalid. The end result is that the Galaxy Tab 10.1N and Galaxy Nexus will stay on shelves in Germany, while Apple undoubtedly looks for a new avenue of attack against its primary competitor (one we presume will also be of the legal variety). The decision to deny an injunction against the 10.1N comes only two days after the same device passed a similar challenge in Dusseldorf, where the cosmetic design was the focus. Samsung was obviously pleased with the result, saying that it confirmed the company's position that its Android products did not infringe on Apple's IP. Cupertino, on the other hand, remained predictably silent. Of course, this war is far from over, and it's only a matter of time before a new ruling hands one of the two manufacturers another small victory.
Apple secures EU ban on Galaxy Tab 7.7
Apple's legal team may be doing a happy dance today, after a German court issued an injunction against the Samsung Galaxy Tab 7.7 tablet. The injunction will ban sales of the small tablet in the entire European Union; it was already off the shelves in Germany. The court found that the design of the Galaxy Tab 7.7 infringed on Apple designs from 2004. The court also rejected Samsung's argument that the ban should only apply to Germany and issued the ban across the EU instead. There was a bit of good news for Samsung; the court did not ban sales of the re-designed Galaxy Tab 10.1N in Germany. Samsung had fired back at the ban of the original Galaxy Tab 10.1 in Germany by redesigning the case of the tablet slightly. The company released a statement saying "Samsung welcomes the court's ruling which confirms our position that the GALAXY Tab 10.1N does not infringe Apple's intellectual property and does not infringe laws against unfair competition. 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 Galaxy Tab 7.7 ruling seems to contradict a recent Samsung win in the UK, where a court ruled that Samsung's tablet designs did not infringe on Apple's patent. Stay tuned for all of the courtroom shenanigans here on TUAW. [via The Next Web]
Apple wins 'EU-wide' injunction against Samsung Galaxy Tab 7.7, denied on 10.1 ban
Word around the mulberry bush is that Apple has just won itself a Europe-wide injunction against the sale of the Samsung Galaxy Tab 7.7, in case anyone still wanted to buy that tablet now that the Nexus 7 is out. The decision was taken in-between beer courses at the appeals court in Dusseldorf, but it didn't all go Apple's way -- Cupertino's request to have the re-designed Galaxy Tab 10.1 (aka the 10.1N) banned too was rejected, having already been turned down at preliminary hearing back in February. The Tab 7.7 apparently infringes Apple patents that date from 2004 and, such is the power of one little German town, cannot technically be sold anywhere in the EU -- although other countries may choose to ignore the ruling and it's probably only a matter of time before a 7.7N comes out anyway. In contrast, the failed claim against the 10-inch slate hinged on a "generic design patent," which a British judge has also vehemently dismissed. Glossing over the 7.7 decision, Samsung says it "welcomes the court's ruling" with regard to the 10.1N and accuses Apple of using "legal claims" to restrict "design innovation and progress in the industry."
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.
PSA: Galaxy Nexus HSPA+ up for sale again at Google Play store (update: now shipping in '1-2 weeks')
And just like that it's back. Following a yesterday's temporary stay of the ban on Google's HSPA+ Galaxy Nexus by Judge Koh, the soon-to-be Jelly Bean-loaded device is again up for sale at the Play store -- and a bit earlier than expected. If you'll recall, Google notes that Android 4.1 apparently mitigates the issues brought up within the dispute by Apple, which has until July 12th to issue a response on the matter. Orders are slated to ship in "two to three weeks," (see the update below) so we'd suggest you grab one quick while it's fresh and tasty to ensure your taste buds get the latest Android sugar fix. Update: Well that was quick. Just a few hours after going up for sale, the shipping estimate has been reduced from ''two to three weeks'' to ''one to two weeks.'' It's so close you can almost taste it. [Thanks to everyone who sent this in]
Google confirms Galaxy Nexus was pulled from Play store due to injunction, will return next week
Try to buy a Galaxy Nexus from the Google Play store today and you're greeted with the "coming soon" message you see above, and we now officially know the reason why. The company has confirmed to ABC News that the smartphone has indeed been pulled as a result of Judge Lucy Koh's recent decision to not lift the injunction against the device. It's also confirmed, though, that it plans to resume sales of the device sometime next week, when it will be shipping with the new Jelly Bean operating system -- a change that Google says will address the issues in dispute.
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.
Apple injunction against Samsung could give company big problems
Apple won a significant legal victory over Samsung when US District Court Judge Lucy Koh granted the Cupertino company an injunction that would ban the sale of the Galaxy Nexus in the US. Besides the Galaxy Nexus and the Galaxy Tab 10.1, Apple may seek an injunction against the upcoming Galaxy S III, a move that would be problematic for Samsung, according to a report by AppleInsider. The Galaxy S III is slated to launch on five US carriers this summer. The handset is already available on T-Mobile and Sprint and will soon launch on AT&T, Verizon Wireless and US Cellular. Samsung expects to sell over ten million units worldwide in July alone and a US ban could throw a monkey wrench into that plan. An injunction against the S III would leave Samsung with "big problems on its hands," said analyst Brian White of Topeka Capital Markets in a Monday note to investors. To reverse the Nexus ban and discourage future injunctions against the S III, Samsung is countering Apple by appealing the Galaxy Nexus ban.
Daily Update for June 27, 2012
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