US Court Denies Apple's Request for Preliminary Injection Against Samsung

December 5, 2011 -

While Apple managed to get a number of preliminary injunctions against Samsung in other countries in their ongoing battle of trademark disputes related to iOS devices, it looks like the US courts aren't playing ball. US District Judge Judy Koh has denied Apple's request for a preliminary injunction that would have barred Samsung from selling its Galaxy brand tablets and smartphones on Friday. While thing could go Apple's way eventually after a full trial, the decision allows Samsung to continue to sell its Android-based devices without interference from the courts or Apple. Apple began its fight in earnest against Samsung in April, leading to a whopping 23 lawsuits all around the world.

Apple’s contention in these lawsuits is that Samsung's Galaxy S and SII smartphones and Galaxy Tab tablets draw heavily from the design of the iPhone and iPad. Apple has been pretty successful elsewhere in getting limited preliminary injunctions based on a registered European Community Design right and a handful of functional patent claims. During the US case, Apple accused Samsung of violating numerous US design and utility patents as well as violating Apple's trade dress, including unique packaging design and other related trademarks and intellectual property.

The judge said that prior art - a tablet which was imagined in a promotional video cooked up by Knight Ridder in the 90's, may eventually invalidate some of Apple's design patent claims. She also noted that "Samsung appears to have created a design that is likely to deceive an ordinary observer."

The court also agreed with Apple's contention that the list-scrolling "bounce-back" patent (US Patent 7,469,381) was valid and that past Samsung devices likely infringed. Because Apple has licensed this technology to other companies and because Samsung was offered such a licensing deal in 2010 (which it declined) the judge ruled that the infringement could be satisfied with a monetary award. In other words money would satisfy their claim and therefore a preliminary injunction was not warranted.

A full trial will happen sometime next year, so what impact it will ultimately have on Samsung - at least in the US - remains to be seen.

Source: Ars Technica


 
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james_fudgehe should have called the police.10/25/2014 - 1:20pm
TechnogeekAt least my statement still holds if it does turn out to be a false flag.10/25/2014 - 1:03pm
NeenekoThough I admit, since doxxing and false flag where heavily used tactics of the GG supporters, while they are not historical tactics used by detractors, I am skeptical how much it is really 'both sides' doing it in any real volume.10/25/2014 - 1:01pm
NeenekoOne thing that makes all of this messy is 'false flag' is a serious concern here. It does not help that the original GG instigators were also known for doing elaborate false flags to discredit feminism themselves.10/25/2014 - 12:59pm
MechaCrashThe guy who got the knife is the one who advocated doxxing, by the way, and was getting court documents about Zoe Quinn so he could publicly post them. It doesn't make what happened to him right, but he deserves no sympathy.10/25/2014 - 12:42pm
TechnogeekNo, that's a pretty shitty thing to do and I fully support the responsible parties getting a visit from the relevant legal authorities.10/25/2014 - 12:17pm
Neo_DrKefkaSomeone anyone tell me how two wrongs somehow make a right? This is becoming exhausting and both sides are out of there minds!10/25/2014 - 11:40am
Neo_DrKefkaSo two GamerGate supporters received a knife and syringe in the mail today. The same GamerGate supporters who said how awful it was were seen in other tweets gathering lists and sending our similar threats or harassment to shut down the other side....10/25/2014 - 11:36am
NeenekoJust look at how interviews are handled. Media tends to pit someone who is at best a journalist, but usually entertainer, against an expert, and it is presented and percieved as if they are equals.10/25/2014 - 7:38am
Neeneko@MC - Focusing on perpetrator does nothing for prevention, the media and public lack the domain knowledge and event details to draw any useful conclusions. All we get are armchair risk experts.10/25/2014 - 7:36am
Neeneko@AE - no name or picture, I like it.10/25/2014 - 7:34am
PHX Corp@MW and AE The news media needs to stop promoting the Shooters. period10/25/2014 - 7:16am
Andrew EisenWhen I write about these massacres, I don't use the shooter's name or picture. I'm not saying everyone has to play it that way but that's how I prefer to do it.10/25/2014 - 12:44am
Andrew EisenYep, it's why the news media stopped spotlighting numbnuts who run out on the field during sporting events.10/25/2014 - 12:01am
Matthew Wilsonin media research its called the copycat effect. it simply says that if the news covers one mass shooting shooter, it increases the likelihood of another person going on a mass shooting.10/25/2014 - 12:00am
Andrew EisenAgreed. It bugs me that I know the names, faces and personal histories of a bunch of mass shooters but I couldn't tell you the name of or recognize a photo of a single one of their victims.10/24/2014 - 11:51pm
AvalongodAgree with Quiknkold. @Mecha...if that worked we would have figured out how to prevent these long ago.10/24/2014 - 11:32pm
MechaCrashUnfortunately, you have to focus on the perpetrator to figure out the whys so you can try to prevent it from happening again.10/24/2014 - 10:55pm
quiknkoldpoor girl. poor victims. rather focus on them then the shooter. giving too much thought to the monster takes away from the victims.10/24/2014 - 10:15pm
Andrew EisenFor what it's worth, early reports are painting the motive as "he was pissed that a particular girl wouldn't date him."10/24/2014 - 10:12pm
 

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