Tag Archives: PreliminaryInjunction

Court of Appeals for the Federal Circuit tells Judge Koh to revisit Galaxy Tab 10.1 injunction

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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.

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Court of Appeals for the Federal Circuit tells Judge Koh to revisit Galaxy Tab 10.1 injunction originally appeared on Engadget on Fri, 28 Sep 2012 15:16:00 EDT. Please see our terms for use of feeds.

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Samsung denied a second time, Galaxy Tab ban stands

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Samsung denied a second time, Galaxy Tab ban standsYou 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.

Continue reading Samsung denied a second time, Galaxy Tab ban stands

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Samsung denied a second time, Galaxy Tab ban stands originally appeared on Engadget on Fri, 20 Jul 2012 14:04:00 EDT. Please see our terms for use of feeds.

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Aereo avoids a preliminary injunction, keeps its antenna to internet TV service on the air for now

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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.

Continue reading Aereo avoids a preliminary injunction, keeps its antenna to internet TV service on the air for now

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Aereo avoids a preliminary injunction, keeps its antenna to internet TV service on the air for now originally appeared on Engadget on Wed, 11 Jul 2012 18:15:00 EDT. Please see our terms for use of feeds.

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Samsung gets temporary stay on Galaxy Nexus ban in US while waiting for Apple response

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Galaxy Nexus

Samsung is getting just a bit of respite from the ban on the Galaxy Nexus, after all: Judge Lucy Koh has granted Samsung's request for a temporary halt to the ban while waiting on Apple's response on the subject, due July 12th. That's not much of a break, but it lets Google resume selling the phone on Google Play for several more days before there's a more definitive consideration on the merits of a preliminary injunction. We're still seeing the Android 4.1 phone listed only as "coming soon," but it may just be a matter of hours before Jelly Bean lovers get another taste.

Samsung gets temporary stay on Galaxy Nexus ban in US while waiting for Apple response originally appeared on Engadget on Fri, 06 Jul 2012 17:08:00 EDT. Please see our terms for use of feeds.

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Samsung denied: Judge Koh declines to lift injunction against Galaxy Nexus, but Google’s got a workaround

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Samsung denied judge declines to lift injunction against Galaxy Nexus

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.

Samsung denied: Judge Koh declines to lift injunction against Galaxy Nexus, but Google's got a workaround originally appeared on Engadget on Tue, 03 Jul 2012 20:26:00 EDT. Please see our terms for use of feeds.

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Judge Koh denies injunction stay, keeps Samsung Galaxy Tab 10.1 out of stores

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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.

Judge Koh denies injunction stay, keeps Samsung Galaxy Tab 10.1 out of stores originally appeared on Engadget on Mon, 02 Jul 2012 21:57:00 EDT. Please see our terms for use of feeds.

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Judge Koh stops US sales of Galaxy Tab 10.1, puts a smack down on Samsung (updated)

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Judge Koh stops US sales of Galaxy Tab 101, puts a smack down on Samsung updated Judge Koh enjoins sales of Galaxy Tab 101, puts a smack down on Samsung

Thought Samsung was out of the woods when it defeated Apple's attempt to prevent it from selling the Galaxy Tab 10.1 stateside? Well, Apple appealed that decision and was given a second crack at banning Sammy's slate last month -- and it looks like Cupertino made the most of the opportunity, as Reuters reports that Judge Koh has granted Cupertino's request to enjoin the sales of the Galaxy Tab 10.1. Details are scarce at the moment, but we do know it's only a preliminary injunction, meaning if Samsung's ultimately victorious in the case, the injunction will lift and it'll be free to peddle its wares once again. Still, it's certainly bad news for the Korean company, but given its expansive stable of other slates still on sale combined with its recent economic performance, we're sure Samsung can weather the storm while the courtroom fireworks continue.

Update 1: All Things D got a copy of Koh's order, and we just gave it a quick read. Turns out that she granted the injunction due to the strength of the merits of Apple's case and the unlikelihood that Samsung would invalidate Apple's design patent -- the court already held that the 10.1 is "virtually indistinguishable" from the iPad's design and likely infringes Apple's IP. Furthermore, Judge Koh held that, because Apple and Samsung are direct competitors in the tablet space and "design mattered more to customers in making tablet purchases," Apple would be irreparably harmed by further 10.1 sales. Those two factors outweighed any hardship suffered by Samsung, and thus, the Galaxy Tab 10.1 was stricken from US shelves.

Update 2: Well, that didn't take long -- a mere five hours after Judge Koh's order, Samsung filed an appeal, according to Foss Patents.

Judge Koh stops US sales of Galaxy Tab 10.1, puts a smack down on Samsung (updated) originally appeared on Engadget on Tue, 26 Jun 2012 21:44:00 EDT. Please see our terms for use of feeds.

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Apple calls for an early ban on Samsung Galaxy S III, isn’t amused by S Voice

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Samsung Galaxy S III review

Samsung might have been right when it said lawyers didn't design the Galaxy S III, because it's in legal hot water again. Apple has moved to add the new Android 4.0 flagship to the same request for a preliminary US ban that would stop the Galaxy Nexus. Cupertino believes the Galaxy S III violates at least two patents, one the data tapping patent that's also being leveled against HTC and the other a unified search patent that covers Siri; not surprisingly, Apple isn't keen on that strangely recognizable S Voice interface. A hearing was already scheduled for June 7th and is now taking on a new sense of urgency, at least in Apple's mind: it's arguing that the rumored nine million pre-orders (still unconfirmed) are evidence of the potential damage if the US court lets the dispute slide. Samsung has already said that the injunction call won't affect its rapidly approaching US launches. The company had better hope it's right, or it risks disappointing a lot of early pre-order customers.

Apple calls for an early ban on Samsung Galaxy S III, isn't amused by S Voice originally appeared on Engadget on Wed, 06 Jun 2012 16:10:00 EDT. Please see our terms for use of feeds.

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Apple gets another bite, wins appeal to pursue preliminary injunction against Samsung

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Apple gets another bite, wins appeal to pursue preliminary injunction against Samsung

We'll forgive you if you've forgotten, given the myriad Apple/Samsung legal shenanigans, but back in February, Apple attempted to obtain a preliminary injunction against Samsung to prevent the Galaxy Tab 10.1 and a few phones from being sold in the US. Samsung emerged victorious, as the district court denied Cupertino's request because it questioned the validity of a couple of Apple's patents and didn't see how Apple would be irreparably harmed if it failed to get Sammy's products banned. Naturally, Tim Cook's crew appealed that decision, and the Court of Appeals for the Federal Circuit (CAFC) has decided to give Apple another crack at obtaining an injunction. The CAFC upheld the lower court's ruling as to three of the four patents, but found fault with the District Court's holding that Apple's tablet design patent had substantial questions of validity.

Essentially, the lower court held that Apple's patent was likely no good because it was an obvious design in light of two tablets that were created long before Apple patented the iPad's look. However, the CAFC found that one of the previous slate's asymmetrical bezel and lack of an unbroken, all-glass surface (among other differences) were sufficient to render Apple's patent non-obvious. Basically, the appellate court found that the District court "construed the claimed design too broadly," and remanded the issue so that the district court could complete its preliminary injunction analysis. So, Apple's cleared a big hurdle towards getting the Galaxy Tab 10.1 off the US market, but the company's still got to persuade Judge Koh that it'll be irreparably harmed without the injunction. This decision assures even longer legal proceedings, but given how well both of these tech titans are doing these days, we're pretty sure they can afford the attorneys' fees.

Apple gets another bite, wins appeal to pursue preliminary injunction against Samsung originally appeared on Engadget on Mon, 14 May 2012 13:58:00 EDT. Please see our terms for use of feeds.

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