Tag: injunction

U.S judge dismisses Apple vs Motorola patent suit

A U.S. judge on Friday ruled that Apple Inc. cannot pursue an injunction against Google’s Motorola Mobility unit, effectively ending a key case for the iPhone maker in the smartphone patent wars.

Judge Richard Posner, of the U.S. District Court for Northern Illinois in Chicago, has also dismissed a counterclaim that Apple was infringing on Motorola’s patent in iPhones. Posner ruled out any damages for either company and said, that neither party is entitled to an injunction as the parties have failed to present enough evidence to create triable issues. In the ruling filed, Posner also said neither side could refile their claims.

[quote]During the legal proceedings, the judge also pointed to serious problems with the U.S. patent system and questioned the worth of many software patents, saying, Reuters reported, You can’t just assume that because someone has a patent, he has some deep moral right to exclude everyone else[/quote].

June 23, 2012
Apple wins Injunction against Motorola in Germany

The Munich I Regional Court handed down a decision awarding Apple an injunction against all Motorola devices for Apple’s patent on “portable electronic device[s] for photo management.” According to FOSS Patents’ Florian Mueller, there is a chance that Apple could choose to enforce the ban, which could require Motorola to destroy all existing products that violate the claim.

“Today’s ruling in Munich, Germany on the patent litigation brought by Apple concerns a software feature associated with performing certain functions when viewing photos in a ‘zoomed in’ mode on mobile devices. We note that the Court ruled that performing the functions in a ‘zoomed out’ mode does not infringe on this patent. We expect no impact to supply or future sales as we have already implemented a new way to view photos on our products that does not interfere with the user experience.”

-Motorola

[FOSS Patents]

March 2, 2012
Apple granted injunction in German patent suit against Motorola

Apple has been granted an injunction in the patent suit against Motorola at the German court. The case originally focused on three separate applications of this gesture tech two for phones and one for Tablets, but for now, the one used on the Xoom has been deemed outside of Apple’s purview. This win could cause a further blow to Moto’s already dying numbers. Apple has been in the front race this past year for their Patent wars on a number of handset manufacturers.

February 17, 2012
Apple’s Appeal to suspend the temporary injunction lift for Galaxy Tab rejected in Australia

First Apple managed to get an injunction against the sale of the Samsung Galaxy Tab 10.1 in Australia, The Korean company managed to get the courts to temporarily lift the injunction . Apple then appealed this lift of injunction, But it seems that this appeal was denied by the Aussie Court, as is being reported by The Register. Samsung will be now allowed to sell its Galaxy tab 10.1 throughout the holiday season, gathering up enough sales to recover initial costs of ad investments.

Samsung says the device will on on the shelf on Monday, December 12, with list prices of $579 for the 16 GB WiFi Galaxy 10.1 Tab, and $729 for the 3G version in Australia.

[The Register]

December 9, 2011
Apple’s request for block of Samsung sales in the US denied

US District Court Judge has rejected Apple’s request to block the sales of Galaxy devices. The two companies are engaged in a bruising legal battle that includes more than 20 cases in 10 countries as they jostle for the top spot in the smartphone and tablet markets. Apple sued Samsung in the United States in April, saying the South Korean company’s Galaxy line of mobile phones and tablets “slavishly” copies the iPhone and iPad.

It is not clear that an injunction on Samsung’s accused devices would prevent Apple from being irreparably harmed”.

The case in U.S. District Court, Northern District of California is Apple Inc v. Samsung Electronics Co Ltd et al, 11-1846.

December 3, 2011
German court permanently bans Samsung Galaxy Tab 10.1 in Apple vs Samsung, Indian courts approached

German judge Johanna Brueckner-Hoffman has ruled in Apple’s favor on Friday by banning Samsung from selling its GALAXY Tab 1o.1 tablets in Germany.

The court is of the opinion that Apple’s minimalistic design isn’t the only technical solution to make a tablet computer, other designs are possible

– Said the Judge

Apple has also blocked Samsung from selling its GALAXY Tab 10.1 in Australia until a court there rules whether or not the tablet infringes on 10 of Apple’s patents. Apple has also approached the Indian courts to seek ban on sales of the Galaxy 750 in India. The benefit for Samsung here is that Apple will not be able to use the german courts ruling, because the name of the two devices is different. i.e. the Galaxy 750 in India and Galaxy Tab 10.1 rest of the world. Whether Samsung India was already expecting the legal battle is unknown.

Samsung, meanwhile, plans to appeal the ruling in a higher court and a spokesman said

We are disappointed with this ruling and believe it severely limits consumer choice in Germany.”

September 10, 2011
Apple Wins German injunction against Samsung, Galaxy Tab 7.7 removed from IFA

Apple has won the injunction filed in German Courts for the immediate halt in sales and display of the Samsung Galaxy Tablet. Several vendors in and across Europe have stopped selling the Galaxy Tablets launched this year. 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,”.

Samsung said that it “respects the court’s decision,” and vowed to do everything it could to defend its intellectual property.

September 5, 2011
Apple blocks sale of the Galaxy Tab in EU : Case in Germany

Apple has won a preliminary injunction to stop the sale of Samsung’s Galaxy Tab 10.1 tablet in the whole of the European Union except for the Netherlands. 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.

Apple has a similar ongoing lawsuit in the Netherlands. Should Samsung continue to sell the tablet, the company could face fines of up to $350,000 for each violation. Apple also won the injection in Australia blocking the sale of the said tablet.

Samsung plans to appeal the injunctions, but the likely appeal will take about a month to be heard by the judge who granted the injunction.

August 10, 2011