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Samsung reportedly offers Apple deal to end dispute
The Wall Street Journal claims Samsung has offered a deal to Apple that would let the tablet maker sell its Galaxy Tab 10.1 in Australia. Terms of the deal were not released, but it supposedly will "comfort" Apple. Other details suggest it won't stop the litigation, but will temporarily avoid an injunction. The isn't exactly what Samsung wanted, but it will get the Galaxy Tab on retail shelves during the holiday shopping season. Samsung is motivated to negotiate and avoid an injunction in yet another country. Apple already won an injunction in Germany and Samsung had to pull the tablet from market. Samsung also faces similar lawsuits in the US, Japan and South Korea.
Psystar loses appeal in battle with Apple, told to ditch Mac clones for-ev-ver
We're sure Psystar, its lawyers and its tens of fans, didn't really expect to win the appeal it filed following the permanent injunction handed down against its commercial hackintoshes, but you can't blame the company for trying. A little over three years after the drama began, with Apple suing to ban Psystar's products, it seems the epic tale has come to an end. The company hasn't really been in business since December of '09 anyway, so today's ruling upholding the injunction won't make much of a difference either way. We're just sad that this may, in fact, be the last time we ever hear from Eugene Action -- let's take a moment to reminisce, shall we?
Daily Update for September 27, 2011
It's the TUAW Daily Update, your source for Apple news in a convenient audio format. You'll get all the top Apple stories of the day in three to five minutes, which is perfect for a quick review of what's happening in the Apple world. You can listen to today's Apple stories by clicking the inline player (requires Flash) or the non-Flash link below. To subscribe to the podcast for listening through iTunes, click here. No Flash? Click here to listen.
Verizon says Apple's injunction against Samsung will harm consumers
Apple is currently seeking an injunction that would the ban the sale of select Samsung devices in the US. Verizon has stood against Apple and publicly supported Samsung with its statement that an injunction against Samsung "will harm Verizon Wireless and US consumers." The wireless carrier also argues that an injunction could slow the deployment of its 4G LTE network, a situation that goes against the government's National Broadband Plan. Apple has not responded to this statement and the other wireless carriers have not said whether they will also take sides in this case. A major legal battle between Samsung and Apple is being waged in the US and in other countries around the world. In Germany, Apple has successfully blocked Samsung from selling its Galaxy Tab 10.1 tablet. A similar lawsuit is still pending in Japan and Australia where sales of the Galaxy Tab are on hold. The next hearing in the US case is expected to occur on October 13.
German court upholds injunction against Samsung Galaxy Tab 10.1, Apple wins nationwide ban
A German court has weighed in on Apple's seemingly interminable patent battle against Samsung, and it isn't looking good for Galaxy Tab users. In a ruling issued today, a Düsseldorf Higher Regional Court upheld last month's preliminary injunction, banning the sale of the Galaxy Tab 10.1 within Germany. Citing the slate's "minimalist, modern form," presiding judge Johanna Brueckner-Hoffmann determined that Samsung's tablet bears a "clear impression of similarity" with the iPad 2, thereby meriting a nationwide ban. "The court is of the opinion that Apple's minimalistic design isn't the only technical solution to make a tablet computer," Brueckner-Hoffmann explained, "other designs are possible." Earlier this week, as you may recall, Apple won a separate injunction against the Galaxy Tab 7.7 in Düsseldorf, though Samsung can still appeal that decision in a lower court. The court stopped short, however, of calling for an EU-wide injunction against the 10.1-inch slate, arguing that "it could only be competent to order a Europe-wide ban for a firm headquartered outside the European Union if this firm has a German subsidiary." Samsung, meanwhile, plans to appeal the ruling in a higher court, with a company spokesman issuing a now all-too familiar statement: "We are disappointed with this ruling and believe it severely limits consumer choice in Germany."
Court prevents Galaxy Tab 7.7 from being shown at IFA
It's a little awkward when you have to pull promotional materials for a new product at a trade show because of litigation, but that's where Samsung found itself at this year's IFA in Berlin. FOSS Patents reported (and Bloomberg and Engadget confirmed) that Apple won an injunction against the Galaxy Tab 7.7 and Samsung was forced to pull some promo materials at their booth (which they did) and apply "NOT FOR SALE IN GERMANY" stickers to their demo units. Awkward. Of course, Apple has been doing well in their court battles against Samsung's Tab 10.1 so it's hardly much of a surprise that they won an injunction against the 7-inch version. I'm still going to agree with Steve Jobs that a 7-inch tablet is a little too small for a tablet, and I've got smallish fingers. But this isn't about function so much as form, it would seem, and Apple's continuing legal pressure appears to have Samsung on the run. Engadget has a ton of IFA 2011 coverage if you're interested in some of the gear shown there -- it isn't all non-Apple handsets, after all. There's the El Gato EyeTV Mobile, for example. Mophie was also present and showed off higher-capacity and less expensive products.
Apple wins German injunction against Samsung, Galaxy Tab 7.7 pulled from IFA
Apple's ongoing patent battle with Samsung has taken yet another twist, now that Cupertino has won an injunction blocking German sales of the recently unveiled Galaxy Tab 7.7. According to FOSS Patents, Samsung pulled its new Android tablet from both the IFA show floor and its German website on Saturday, in compliance with a Friday decision handed down by the same Düsseldorf Regional Court court that banned sales of the Galaxy Tab 10.1 last month. The 7.7-inch slate had previously been on display with a sticker that read "Not for sale in Germany," but, as we noticed yesterday, all demo models, posters and other promotional materials have since been removed. Samsung spokesman James Chung told Bloomberg that the new injunction "severely limits consumer choice in Germany," but confirmed that the Korean manufacturer "respects the court's decision," and vowed to do everything it could to defend its intellectual property. Details on the ruling remain hazy and Apple has yet to comment, but we'll let you know as soon as we hear more.
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 will formally address Apple-led Galaxy Tab ban on Aug 25
Samsung will have the opportunity to defend itself against Apple in a German court on August 25th. The Korean manufacturer will argue against the recent injunction that halted the sales of the Galaxy Tab 10.1 in all EU countries except the Netherlands. Until this date, the Apple-requested injunction will remain in effect. This timing will likely keep the Galaxy Tab off the shelves of European stores until September and may have an impact on Samsung's next quarterly earnings.
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.
Apple's Samsung complaint reveals it's also suing Motorola over the Xoom
Yes, we've now reached the point in the ongoing Apple v. Samsung brouhaha where we're having lawsuits revealed within lawsuits. As spotted by FOSS Patents' Florian Mueller, Apple's recent complaint against Samsung that led to a preliminary injunction blocking sales of the Galaxy Tab 10.1 in Europe also contained a brief passage indicating that Apple is suing Motorola over the decidedly tablet-like Xoom as well. What's not clear, however, is whether Apple is also seeking an injunction against Motorola to block sales of the Xoom, but Mueller suggests that is indeed likely (Apple has also reportedly sued and received an injunction against local German tablet manufacturer JAY-tech). Of course, Apple and Motorola are no strangers to legal entanglements, but this is the first time we've seen things spread beyond phones to tablets.
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.
Samsung: Galaxy Tab 10.1 will launch in Australia, despite Apple's complaint
Samsung issued a statement to Ausdroid that claims it will launch an Australian version of the Galaxy Tab 10.1, despite Apple's infringement complaint. The statement says the following: Apple Inc. filed a complaint with the Federal Court of Australia involving a Samsung GALAXY Tab 10.1 variant that Samsung Electronics had no plans of selling in Australia. No injunction was issued by the court and the parties in the case reached a mutual agreement which stipulates that the variant in question will not be sold in Australia. A Samsung GALAXY Tab 10.1 for the Australian market will be released in the near future. This undertaking does not affect any other Samsung smartphone or tablet available in the Australian market or other countries. Samsung will continue to actively defend and protect our intellectual property to ensure our continued innovation and growth in the mobile communication business. Samsung denied the existence of an injunction and suggests the two companies reached an agreement that will bring a version of the 10.1-inch Galaxy Tab to Australian consumers. We don't know what's different about this Australian version, nor when it will arrive, but it is good news for Aussies looking to grab this Android tablet. Arriving soon is better than not arriving at all.
Apple blocks Samsung tablet sales in Australia (Updated)
Update: AllThingsD reports Samsung claims no injunction was ever issued because the Tab wasn't given a shipping date, and the variant Apple filed a claim against wasn't going to appear in Australia anyway. In essence, it was an empty victory for Apple. Still, this doesn't mean Apple won't press its case again when the Tab does appear in Australia. Apple won an injunction that prevents Samsung from selling the US version of the Galaxy Tab 10.1 in Australia. This measure stems from a patent infringement lawsuit the company filed against Samsung in the Federal Court of Australia. Apple claims Samsung violates ten patents that cover the touchscreen technology and the look and feel of the iPad. Samsung was about to release the Galaxy Tab in Australia, and has advertised it since July 20. Samsung will defend this case with an Australian version of the Galaxy Tab which is supposedly different from the U.S. version. Samsung is supplying Apple with three samples of this device so Apple's legal team can review it. An August 29 hearing was set to review the details of the case and set a trial date, if necessary.
Apple seeks preliminary injunction on Infuse 4G, Galaxy S 4G, Droid Charge, and Galaxy Tab 10.1
Drama. Rather than leaving well enough alone -- at least long enough for its lawyers to properly enjoy the Independence Day weekend -- Apple has seemingly kicked its ongoing legal battle with Samsung up a notch. According to a filing discovered by FOSS Patents, the perturbed in Cupertino have filed a motion for a preliminary injunction with the US District Court for the Northern District of California. Interestingly, the motion hones in on just four devices: the Infuse 4G, Galaxy S 4G, Droid Charge, and Galaxy Tab 10.1. It's a pretty bold move on Apple's part -- if this thing holds, and it's determined that the aforesaid products may well indeed be infringing on Apple's rights, Sammy could be forced to yank those products from US shelves within a couple of months. If it falls through, however, Apple's entire case will likely take a serious hit. We'd ponder why everyone can't just get along, but at this point, we're guessing the act of forgiveness has become a foreign concept for both parties.
Dolby sues RIM over alleged patent infringement, seeks injunction in 7.1 surround
There's a new patent war brewing on both sides of the Atlantic, now that Dolby has filed a set of lawsuits against RIM. At issue is the audio compression technology RIM uses in its BlackBerry phones and PlayBook tablets. Dolby claims this intellectual property is protected under patents that several other smartphone makers have already licensed, and that RIM should be forced to do the same. The company's lawsuits, filed yesterday in both the US and Germany, seek financial damages and an injunction that would stop all sales of allegedly infringing products. RIM declined to comment on the suit, but we'll be sure to keep you posted as the battle unfolds. Head past the break for Dolby's press release.
PS3 shipments blocked in Europe as LG wins preliminary injunction
The struggle between hardware manufacturing juggernauts Sony and LG -- the latter of which claims that the PS3 infringes on a number of its patents relating to Blu-ray technology -- has finally drawn some blood. The civil court of justice in the Hague has granted LG a preliminary injunction for customs to seize and confiscate all PS3s coming into Europe (from manufacturing plants, etc.) for up to ten days. The Guardian reports that the collected consoles are temporarily being kept in Dutch warehouses until the case moves forward. According to the Guardian, retailers are expected to have enough PS3s to last two to three weeks. Sony has the right to file an appeal to the patents office -- but far more than some boxed-up consoles collecting dust is on the line. Should the court ultimately rule in favor of LG, the console maker would be forced to compensate the company for every single PS3 sold around the world. We've contacted Sony for a comment.
PlayStation 3 shipments to Europe now being seized after LG wins injunction against Sony
Sony and LG have been going toe to toe with allegations of patent infringement for over a year now, but Sony's now been dealt what's surely its biggest setback to date in Europe. The civil court of justice in the Hague has just granted LG a preliminary injunction that will see all new PlayStation 3s imported into Europe confiscated by customs for at least ten days. Those are apparently now already being stockpiled in Dutch warehouses while the drama plays out, and there remains a possibility that the injunction will be extended even further, which would almost certainly lead to a shortage of PS3s on store shelves -- as the Guardian notes, retailers generally have two to three weeks worth of stock on hand across the continent. Not surprisingly, Sony is said to be "frantically" trying to get the ban lifted, but it isn't making any public comments on the matter at the moment. [Thanks to everyone who sent this in]
Court grants Sony's temporary restraining order against Geohot, PS3 jailbreak still available everywhere
It looked for a moment like Geohot and fail0verflow might beat Sony's DMCA lawsuit over the PS3 jailbreak on a jurisdictional technicality, but things didn't go their way: the US District Court for the Northern District of California granted Sony's request for a temporary restraining order forbidding Mr. Hotz and his merry men from distributing or linking to the jailbreak, helping or encouraging others to jailbreak, hacking into the PS3 or PSN, or distributing any information they've found while hacking. What's more, they've been ordered to turn over any computers or storage media used to create the jailbreak to Sony's lawyers -- although we've got a feeling Geohot's attorneys will raise a bit of a fuss about that. Of course, this doesn't mean that Sony's won anything substantive -- it's just proven to the court that the jailbreak will cause it ongoing harm while the case continues, and it still has to actually win its formal lawsuit to collect any damages or a permanent injunction. And let's not forget that forcing Geohot to stop distributing it won't stop anyone else -- in almost an exact mirror of the deCSS case, we're already seeing the jailbreak mirrored all over the internet. Way to learn from history, Sony. [Thanks, Henry]
Gibson wins Paper Jamz injunction, retailers ordered to pull stock
The Paper Jamz, they have jamz-ed their last -- at least for now. Gibson's won that injunction against WowWee for modeling its 2D toy guitars on famous axes like the Flying V and Les Paul without permission, and since retailers like Walmart, Amazon, Best Buy and Target were all named in the lawsuit, they'll have to pull PaperJamz from their shelves. Or maybe not -- the injunction was granted and immediately appealed on the 21st, and we've definitely seen PaperJamz for sale in Best Buy stores here and there since then, so it seems like there's still a chance to grab the super-thin guitars while the lawyers sort it all out. We'd guess WowWee might simply re-think some of the designs to be little less "inspired" by Gibson guitars in the meantime -- could the Flying V PaperJamz one day command the same collector attention as a 1970s lawsuit Ibanez, Tokai, or Greco? For humanity's sake, let's hope not.