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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MechaTama31AE: Probably snarky commentary on this: http://www.gamepolitics.com/2014/08/29/principle-player-leland-yee-arms-trading-case-dies08/30/2014 - 8:43pm
Andrew EisenConster - Don't know. Got a link to whatever you're referring to?08/30/2014 - 7:04pm
ConsterWait, what's this about Leland Yee eliminating witnesses?08/30/2014 - 5:50pm
IanCBroke my EA boycott to pick up Plants vs Zombies Garden Warfare. Loving it. Still hate EA though. But i like Popcap. Gah.08/30/2014 - 6:01am
MaskedPixelantehttp://m.tickld.com/x/something-you-never-realized-about-guardians-of-the-galaxy Right in the feels.08/29/2014 - 6:56pm
AvalongodAgain I think we're conflating the issue of whether Sarkeesian's claims are beyond critique (no they're not) and whether its ever appropriate to use sexist language, let alone physical threats on a woman to intimidate her (no it isn't)08/29/2014 - 5:04pm
prh99Trolling her or trying to assail her integrity just draws more attention (Streisand effect?). Which is really not what the trolls want, so the only way to win (if there is a win to be had) is not to play/troll.08/29/2014 - 5:02pm
prh99Who cares, just don't watch the damn videos if you don't like her. Personally, I don't care as far as she is concerned as long there are interesting games to be played.08/29/2014 - 4:34pm
Andrew EisenZip - And yet, you can't cite a single, solitary example. (And no one said you hated anyone. Along those lines, no one claimed Sarkeesian was perfect either.)08/29/2014 - 3:51pm
Andrew EisenSaint's Row: Gat Out of Hell was just announced for PC, PS3, PS4, Xbox 360 and Xbox One making it the 150th game For Everything But Wii U! Congratulations Deep Silver!08/29/2014 - 3:49pm
ZippyDSMleeI do not hate them jsut think its mostly hyperlobe.08/29/2014 - 3:40pm
Andrew EisenSleaker - I'd say that's likely. From my experience, most who have a problem with Sarkeesian's videos either want to hate them in the first place (for whatever reason) or honestly misunderstand what they're about and what they're saying.08/29/2014 - 3:16pm
james_fudgeWe appreciate your support :)08/29/2014 - 2:55pm
TechnogeekIt gives me hope that maybe, just maybe, the gaming community is not statistically indistinguishable from consisting entirely of people that your average Xbox Live caricature would look at and go "maybe you should tone it down a little bit".08/29/2014 - 2:49pm
TechnogeekI just want to say that while I've disagreed with the staff of this site on several occasions, it's still good to see that they're not automatically dismissing Anita's videos as a "misandrist scam" or whatever the preferred dismissive term is these days.08/29/2014 - 2:49pm
E. Zachary KnightZippy, So you can't find even one?08/29/2014 - 1:04pm
ZippyDSMleeAndrew Eisen:Right because shes prefect and never exaggerates... *rolls eyes*08/29/2014 - 12:53pm
SleakerAnd honestly, nearly all of the games she references, or images she depicts I've always cringed at and wondered why they were included in games to begin with, from pinups through explicit sexual depictions or direct abuse. I think it's cheap storytelling.08/29/2014 - 12:35pm
Sleaker@AE - aren't most people fundamentally misunderstanding her at this point? haha.. On a related note I think a lot of the backlash is coming from males that think she is telling them their 'Generic Male Fantasy' is bad and wrong.08/29/2014 - 12:33pm
Andrew EisenAnd no, I don't think the female community would be upset over the performance of a case study in and of itself. Possibly the mostivations behind such a study, the methodology or conclusions but not the mere idea of a case study.08/29/2014 - 12:29pm
 

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