“The ruling is a huge win for Apple and Morrison & Foerster, the law firm working on this part of the litigation,” Mueller reports. “Apple and its lawyers convinced Judge Koh that the Galaxy Nexus likely infringes all four of the patents asserted in the preliminary injunction motion, and that all four of them are likely valid. But in the United States, injunctive relief is granted only if monetary damages are insufficient to make the right holder whole, and if other requirements are met. Courts apply the four-factor eBay v. MercExchange test. Apple’s motion passed that test with respect to the “Siri patent”, a patent on unified search. It must be a huge disappointment for Google to lose this lawsuit over a search patent.”
Mueller reports, “With respect to the other three patents at issue in this context — slide-to-unlock, data tapping and autocorrect –, Judge Koh was not convinced that those features drive consumer demand and that Samsung’s likely infringement causes irreparable harm. But Apple can still win an injunction when this case goes to trial, and even if it couldn’t prove an entitlement to injunctive relief over those patents at that stage, Samsung would be liable for significant damages.”
Read more in the full article here.
MacDailyNews Take: What’s this? Are the rusty gears of justice finally beginning to turn? If so, may they promptly grind slavish copier Samsung into submission.
Apple posts $2.6 million bond to ban Samsung Galaxy Tab 10.1 – June 28, 2012
Samsung likely to appeal U.S. Galaxy Tab 10.1 sales ban; claims ‘design innovation and progress restricted’ – June 27, 2012
Apple wins preliminary injunction against Samsung Galaxy Tab 10.1 tablet – June 26, 2012
Düsseldorf court denies preliminary injunction against Galaxy Tab 10.1N: Design-around pays off for Samsung – February 9, 2012
Apple loses bid to get preliminary ban on Samsung Galaxy Tab 10.1N, Nexus Phone in Germany – February 1, 2012
German court leans toward letting Samsung distribute Galaxy Tab 10.1 N – December 22, 2011
Apple petitions German court to ban a fourth Samsung Galaxy Tab: The 10.1N model – November 29, 2011
Samsung relaunches modified Galaxy Tab 10.1 in Germany – November 16, 2011
Samsung appeals Galaxy Tab 10.1 ban in German court – September 13, 2011
German court upholds Apple complaint: Bans Samsung Galaxy Tab from sale in Europe’s largest market – September 9, 2011