U.S. judge denies Apple injunction bid vs. Samsung

Technology Dec. 18, 2012 - 01:34PM JST ( 21 )

The requested article has expired, and is no longer available. Any related articles, and user comments are shown below.

Order by Time Order by Popularity

21 Comments

2

darknutsDec. 18, 2012 - 03:28PM JST

Face it apple. Your losing! Stop trying to cheat your way ahead and just build a better phone!
-1

basroilDec. 18, 2012 - 04:44PM JST

In a separate order on Monday, Koh rejected a bid by Samsung for a new trial based on an allegation that the jury foreman was improperly biased in favor of Apple.

However, if the USPTO rules against apple in their patent rejection, the entire case WILL be thrown out and Samsung will be given a new trial despite Koh's pro-apple pandering.
0

Korlacan KhanthavilayDec. 18, 2012 - 06:40PM JST

Well, USPTO is probably only going to toss out some of the patents. Others may stick around, but I think the biggest money maker patent in this lawsuit is the "rectangle with rounded corners". Which will get tossed out.
1

viking68Dec. 18, 2012 - 06:51PM JST

The rounded rectangle is very cooool and deserves a billion dollars in patent fees.

Most of the patents should have been thrown out by the trial judge.
1

zichiDec. 18, 2012 - 10:53PM JST

Samsung has stated that it will withdraw from its European patent battles with Apple, covering infringement issues in the UK, France, Germany, Italy and the Netherlands.
1

Korlacan KhanthavilayDec. 18, 2012 - 11:54PM JST

At the same time though, Apple still has to pay Samsung to use those patents. They are worthwhile patents, unlike Apple's "rectangle with rounded corners" patent. You know, like LG's Prada phone that was a rectangle with rounded corners and was shown to the public almost a year before the iPhone came out.
-2

ubikwitDec. 19, 2012 - 12:13AM JST

Koh's pro-Apple pandering

Nonsense. Her decisions are nuanced and sound fair.

Samsung is still a parasite, but all they have to do is pay for what they have taken without paying licensing fees. Koh simply deemed that those features don't approximate aspects of the iphone that drive its market appeal, thus no need to ban the Samsung junk.
1

wtfjapanDec. 19, 2012 - 12:35AM JST

just got the new HTC J butterfly, yes gay name but it poos all over the Iphone 5 in every way shape and form. Apple better at least drop there prices to match or make a phone with matching specs as the HTC Samsung, HTC butterfly 4core 1.5ghz 5inch true HD screen, Android 4.1 jellybean, still studying all the features but so far it rocks!
-1

Korlacan KhanthavilayDec. 19, 2012 - 12:46AM JST

I feel that Koh is fair. She's willing to slap both sides around and has done so often. Although, I feel like all Judge Koh's work will be for naught. In the appeal's process, everything will probably just dissolve away into nothing. Just like all the other Apple court cases she's been involved in.
-1

basroilDec. 19, 2012 - 02:09AM JST

ubikwitDec. 19, 2012 - 12:13AM JST

Nonsense. Her decisions are nuanced and sound fair.

So having jury decide on damages based on only the first edition software even when most sales were in later software editions that are impossible to consider remotely equal to apple's is fair? http://appleinsider.com/articles/12/08/02/judgedeniessamsungs2001aspaceodysseyfidlertablet_arguments.html (check admissibility chart)

For any violations of law, the burden of proof should be on the person suing, not the defendant, and throwing out evidence because it's beyond "discovery" period is simply wrong, especially when it is vital or at least very important for the defense.

Her later judgements are indeed better and fair, but she should have postponed further trial related issues (other than injunction decisions) until USPTO resolves the patent issue. Cuts down her work a bit, since half the trial goes out the window and there's less paperwork for her office to look through.
-5

LostinNagoyaDec. 19, 2012 - 10:08AM JST

I think Apple should give up this battle: it doesn't need money. Plus the most important thing was won by Apple: anyone knows that Samsung copied Apple devices to minimum detail. And along with that, made Android OS look like a cheap thing to go along with a cheap plastic device. It is not easy to be Apple, everyone wants to take a ride on its success. Unbelievably, there's a Brazilian company doing exactly what Samsung did: it copied iPhone and registered the iPhone brand in 2000 (specialists say that Gradient has registered at least a million names since 2000, trying to get a big fish by accident. Just like now). But Brazilian judges have already told Gradient that its battle is a lost one given that despite having registered the iPhone brand in 2000, it only released a device this November. And it's a mirror of a real iPhone. Con airs don't know no boundaries. Take a look at the two "iPhones"...twins.

http://idgnow.uol.com.br/mobilidade/2012/12/18/apple-pode-barrar-iphone-da-gradiente-se-provar-confusao-para-consumidor/
-4

LostinNagoyaDec. 19, 2012 - 10:35AM JST

Also, Gradient registered the name PlayStation around the same time and Sony had to make an agreement with the company to use the name PlayStation in Brazil. I feel ashamed for that.
0

Saulo AkazawaDec. 19, 2012 - 04:32PM JST

Lost in Nagoya, only if the world was so simple and only the one who first thought of a certain product would be able to profit from it. Where is the limit? Where is the line in the sand? Japan was famous for copying and developing better versions of existing products before inventing its own. China and Korea now are in the stage where they are actually making products more innovative than the ones they copied, Samsung, HTC, LG just to mention some. I am a heavy Apple consumer even lining up in Sakae a couple of times to buy new products but now I rather use my android devise and I long for the changes to come so that apple will catch up with Samsung. BTW nice link! Gradiente might just be a firm to watch. That is exactly how a lot of big companies started out, I know gradiente is been there for the longest time but they need balls to step into the smart phone market now. Shameful, I know, but so is the market!
1

Korlacan KhanthavilayDec. 19, 2012 - 05:51PM JST

Infogear registered the iPhone name in 98. They were bought by Cisco. Multiple products bearing the iPhone name came from Infogear and Cisco. Cisco bought Linksys and produced Linksys iPhone products.

Then years later, Apple simply stole the iPhone name and of course would lose in court, so they settled.
-1

basroilDec. 19, 2012 - 08:42PM JST

Then years later, Apple simply stole the iPhone name and of course would lose in court

And years after that, they would go on to sue a Mexican company for having a similar sounding name and get the biggest slap in the face yet, having THEM banned from using the name! (http://www.phonearena.com/news/Apple-has-lost-their-legal-claim-to-the-iPhone-name-in-Mexico_id36199)

People always forget these fun facts, not to mention the impressive line of products that beat Apple to the market despite bogus submarine patents: http://www.engadget.com/2010/01/24/keepin-it-real-fake-part-cclii-sungworlds-android-mid-fights/ (looks like an iphone 4, but released half a year earlier)

http://www.engadget.com/2009/09/30/smart-devices-smartq5a-mid-now-with-android/ (yet another pre-iphone 4 device that preempted the rounded corners on a box patent)

Hell, even actually famous companies like MSI were in on the ideas well before Apple even showed up to the party (late): http://www.engadget.com/2010/01/08/msi-shows-off-10-inch-android-tablet-running-new-tegra-chipset/
0

masonzDec. 20, 2012 - 05:04AM JST

Samsung has stated that it will withdraw from its European patent battles with Apple, covering infringement issues in the UK, France, Germany, Italy and the Netherlands.
-3

basroilDec. 20, 2012 - 03:56PM JST

masonzDec. 20, 2012 - 05:04AM JST

Samsung has stated that it will withdraw from its European patent battles with Apple, covering infringement issues in the UK, France, Germany, Italy and the Netherlands.

This illegal copying of someone else's words is completely wrong, as samsung never did that. They have only stopped seeking injunctions under pressure from EU.

For the source of the phrase "masonz" used and why it's wrong, check:

http://www.forbes.com/sites/timworstall/2012/12/19/samsung-backs-down-in-apple-patent-cases/
1

zichiDec. 20, 2012 - 04:22PM JST

Samsung said in a statement that it will withdraw its request for injunctions blocking the sale of Apple products in the UK, Germany, France, Italy and the Netherlands, bringing to an end the patent infringement battle - in Europe, at least.

The South Korean company said, in a statement sent to IBTimes UK: "Samsung remains committed to licensing our technologies on fair, reasonable and non-discriminatory terms, and we strongly believe it is better when companies compete fairly in the marketplace, rather than in court.

http://www.ibtimes.co.uk/articles/416406/20121218/samsung-withdraws-european-apple-patent-lawsuit.htm
-1

zichiDec. 20, 2012 - 05:29PM JST

The iPhone remains the leading smart phone in Japan, according to IDC.
1

Korlacan KhanthavilayDec. 20, 2012 - 07:06PM JST

Apple losing all it's stupid patents. Lost it's pinch to zoom. Guess Apple will just have to deal with the competition the old fashion way. By trying to make a better product.

Looking at how the market is, they apparently aren't capable of doing that.
-3

basroilDec. 21, 2012 - 03:17PM JST

http://www.engadget.com/2012/12/18/samsung-drops-european-lawsuits-against-apple/

According to engadget: "Samsung has stated that it will withdraw from its patent battles with Apple that cover infringement issues in the UK, France, Germany, Italy and the Netherlands. " but in an update, they corrected their, and other sources incorrect message with "although Samsung says it's dropping all its European injunction requests, such that it won't seek to ban the sale of Apple products, the company doesn't say that it'll stop pushing for financial compensation through the courts."