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Samsung Appeals Sales Ban On Galaxy Nexus

Posted by wicked July - 2 - 2012 - Monday Comments Off

Unsurprisingly, Samsung today filed an appeal for Apple’s injunction banning sales of the Galaxy Nexus in the US. Samsung is arguing that the ban “is inconsistent with the Federal Circuit’s directive that market share losses must be substantial”. The preliminary injunction, handed out by Judge Lucy Koh, is based on the “Siri patent”, which is a patent on unified search that Koh believes the Galaxy Nexus infringes. Samsung must be getting used to these appeals as it also recently appealed a similar injunction against the Galaxy Tab 10.1, which is also now banned from store shelves.

There’s still a good chance the Federal Circuit will stay the injunction for the Galaxy Nexus, allowing sales to continue. If not, then Sammy (or maybe even Google since the phone runs stock Android) will have to come up with a software workaround, similar to what HTC had to do to get past the injunction on their One X series of phones.

Are we having fun yet with these lawsuits? I didn’t think my disdain for Apple could get any worse, but they keep proving me wrong.

source: foss patents

And the Apple and Samsung news just continues to flow like water.  In recent news the Düsseldorf Higher Regional Court (an appeals court) is sticking to a preliminary injunction against the Galaxy Tab 10.1 and also states that the Galaxy Tab 8.9 may be in jeopardy of violating similar patents.  However, unlike the original file claim, the appeals court is basing this conclusion on a violation of a German unfair competition law, Gesetz gegen den unlauteren Wettbewerb, UWG (you’re going to have rely on Google Translate for that one folks).  And the lower court’s ruling was based on a “Community Design” which is equivocation to a U.S. design patent.  We initially saw the injunction issued in early August of last year where in the following September it was upheld and quickly appealed by Samsung to the Düsseldorf Higher Regional Court.  

Florian Mueller of FOSS Patents summarises todays decision by the court and offers his unique perspective:

  1. Apple can’t replicate the German decision in other countries since German unfair competition law is pretty unique. A win based on an EU-wide design right would have been strategically more valuable to Apple. Even though Samsung formally lost its appeal because the preliminary injunction remains in force, it succeeded in defeating Apple’s design right.
  2. A couple of months ago, Samsung launched a modified version of the Galaxy Tab 10.1, named 10.1N, in Germany. In late November 2011, Apple requested a preliminary injunction against the 10.1N. For now, the 10.1N is still on sale. The Düsseldorf Regional Court held a hearing the week before Christmas and will announce a decision on February 9, 2012. The fact that Apple won today doesn’t necessarily mean that it will succeed against the 10.1N. If Samsung is allowed to continue to sell the 10.1N, the commercial relevance of today’s appellate decision is next to nil.
  3. While today’s decision was made by an appeals court, we are still talking about fast-track proceedings triggered by a request for a preliminary injunction (and an appeal against one). All those decisions are preliminary, and what matters most is the full-blown main proceeding in which Apple’s design-related claims against a total of 15 Samsung products are at issue. It’s too early to tell what the outcome of that case will be.
  4. In my opinion, the strategic value of those design-related lawsuits is relatively low. Preliminary injunctions based on such claims can have a temporary disruptive effect, but the world-spanning dispute between Apple and Samsung primarily hinges on the outcome of the parties’ technical patent infringement claims against each other. The first two patent infringement lawsuits Samsung brought against Apple in Germany have been dismissed. Decisions on Apple’s related claims will come down in the coming months.

I don’t know about you but I’m getting a little annoyed with these proceedings.  It’s getting more and more difficult on a daily basis for manufacturers to stay out of Apple’s cross-hairs. Feel free to leave your thoughts or rants in the comments below.

If you’ve missed any of our previous coverage regarding Samsung and Apple’s battles as well as Apple vs everyone else, check out our coverage below.

Dutch Court Denies Apple’s Appeal and Allows Samsung Galaxy Tab 10.1 Sales To Flourish
Galaxy Nexus Infringes on Apple Patents, Or So Apple Says
Samsung suffers a setback in German court, Legal costs now at $60 million
Apple Files Another Lawsuit Against Samsung, This Time Targets Galaxy S II and Nine Handsets In German Court
Apple Patent Dispute Ruled in Motorola’s Favor
Apple Applies For Facial Recognition Patent, Sticks Tongue Out At Google’s Attempt Of Facial Unlock Feature
ITC Rules In Favor Of Apple; Bans Some HTC Devices, But HTC Feels “Gratified” In New Statement
Another blow for Apple, Samsung Galaxy Tab 10.1 sales ban in Australia is no more
Patent Wars: Even With Victories, Samsung Prepares For More Battles By Setting Aside $200 Million
Apple suffers defeat in attempt to block Samsung Galaxy smartphones and tablets in the U.S.
Patent Wars: Australian Court Overturns Samsung Tablet Ban, Apple Wants to Ban Samsung Galaxy Tab 10.1N in Germany


via: FOSS Patents

Oracle Patent Claim on Android Rejected by USPTO

Posted by wicked December - 28 - 2011 - Wednesday Comments Off

Here’s one infringement case we thought was a no-brainer: Oracle’s patent claim on Google’s Android. Thankfully, the United States Patent and Trademark Office (USPTO) also recognized this and delivered a final rejection to Google. The rejection was issued last Dec. 20 after reexamining the US Patent No. 6,192,476 by Oracle. Each patent claim was reexamined, including Claim 14, the only one that Oracle asserted during the litigation process.

Out of the 21 patent claims, USPTO rejected 17. This included 7 independent patent claims of Oracle. It is expected that Oracle will seek an appeal or reconsideration after this action, however, they are only given until Feb. 20 to do so.

If you can still remember, Oracle sued Google back in August 2010 for the alleged violation of Android OS on several patents and copyrights within Java. The database software giant had previously acquired Java through Sun Microsystems. Google has denied such claims.

Oracle claimed that Google had caused ‘irreparable harm’ to Java because of the ‘continued migration of device manufacturers and application developers from Java to Android.’ FOSS Patents released.

In the meantime, Google has released a joint statement stating that it had ‘no interest in delaying resolution of this case any longer than necessary.’ However, adhering to Oracle’s request to start the patent trial in January 2012 was ‘not probable.’ Google cited scheduling conflicts and requested that it will be difficult for them to have any trials before July 2012.

Currently, over 150 million mobile devices use Android.


[Source: 9 to 5 Google]


Related posts:

  1. Oracle Revises Its Own Damages Claim. Comes Out 6x Smaller
  2. Oracle sues Google due to IP infringement with Android
  3. Google drops out of JavaOne due to Oracle suit

Article originally appeared on – Your Android News Source.

Apple Sues Everyone, Backfires; Results to European Sales Ban

Posted by wicked December - 14 - 2011 - Wednesday Comments Off

If you’ve been following our website, you should remember our news on Apple’s lost battle against Proview Technology (Shenzhen). It was a recent post we shared less than 5 days ago. Anyway, in line with that post, we just found out Apple is currently in the process of suing almost all of its biggest competitors in the tablet/mobile phone field.  While this goes against Apple’s previous complaint of anti-competitiveness of Samsung and Motorola patents, it is all too familiar to the infringement case on the iPad.

True enough, a court in Germany has given a ruling that Apple’s 3G-enabled products (namely the iPhone, 3G, 3GS, 4, iPad 3G and iPad 2 3G) infringe a patent by Motorola. This has led the judge to warrant a preliminary injunction against Apple, which has turned into a European ban on the sales of the mentioned Apple products.


This is quite a year for Apple, isn’t it? With the death of Steve Jobs and losing the infringement case on the iPad trademark, we can only wonder what’s next for the company. A probable course of action is for Apple to change its products. They can also appeal the decision and request for further stay until a final verdict has been reached, just so the sales ban can be put on hold.

You can check out a full analysis of FOSS Patents here.

What do you think about this news? How do you think Apple will heal cope with all these issues? Let us know by commenting below.


[Source: Android Police]


Related posts:

  1. Apple Lawsuit over iPad Name: A Lost Cause in China
  2. Samsung Hoping To Get Past Apple’s European Ban
  3. Apple Rains on Samsung Galaxy Tab 7.7’s Parade at IFA 2011