“Samsung got a much-needed break from the courts today, as an appellate court overturned a sales ban on its Galaxy Nexus phone,” Lance Whitney reports for CNET.
“Today’s ruling from the U.S. Court of Appeals for the Federal Circuit found that the district court in California “abused its discretion” in imposing a preliminary injunction on Galaxy Nexus sales,” Whitney reports. “The appeals court decision means that the case will go back to the court in California to be reheard, according to Reuters.”
Whitney reports, “The appeals court found several flaws in Apple’s arguments for a Nexus ban. In one example, Apple claimed that the Quick Search Box used on the Nexus infringes one of its patents. But this search box is a feature of Android, not something specific to the Nexus. ‘The release of the allegedly infringing version of the Android platform predates the release of the Galaxy Nexus, but Google is not a defendant in this suit,’ the appeals court said.”
MacDailyNews Take: Mike stole Joe’s car. Mike gave the stolen car to Fred. Fred knew the car was stolen, but he fenced it anyway and pocketed the profits. Fred gave Mike a “finder’s fee” and gladly planned to continue doing “business” with him. The appeals court released Fred because they said he did not steal the car.
Whitney reports, “This patent suit is unrelated to the one that Samsung lost in August, and doesn’t affect injunctions against other Samsung products.”
Read more in the full article here.
MacDailyNews Take: </strongApple's products came first, then Samsung's:
Here’s what Google’s Android looked like before and after Apple’s iPhone:
[Thanks to MacDailyNews Reader “Fred Mertz” for the heads up.]
Our Legal System continues to make a mockery of our Justice System. By the time Apple makes any headway over this mess, it will amount to little or nothing and Samsung will continue to pocket enough profits to make this look as ‘the cost of doing business in America.’ My guess is what will really have an effect is for Apple a) to stop doing business with Samsung; b) Price their products low enough so that Samsung will be unable to compete even on price. I’m not holding my breath.
When will the Apple community get a grip on the real issue? The US Patent office grants patents to anyone with a pulse. Patents should be iron clad in every respect including fulfilling a minimum requirement of due diligence on similar patents that might already be in play.
Blame the Patent Office!
Company A sues Company B = Lawyers, Judges, Courts make money.
Company B sues Company A = Lawyers, Judges, Courts make money.
Company A wins case = Lawyers, Judges, Courts make money.
Company B appeals = Lawyers, Judges, Courts make money.
Company B wins appeal = Lawyers, Judges, Courts make money.
Company A appeals new decision = … you know the rest.
It will never stop. as long as the legal system is profiting.
And firms with resources will use the courts to intimidate financially weaker competitors. Note that Apple has taken on a financial equal around the globe. Smaller competitors take note and play nice, resulting in several competing products coming to market as inferior alternatives.
The rules only apply to the little people.
So the court can’t stop Samsung from knowingly reselling stolen goods (that infringe the patent). Apply this to the pawn business and it wouldnt fly! Absolute idiocy!!
Your MacDailyNews Take is well thought out and is the core of why Steve Jobs vowed to take Google and the rest of the IP Android thieves down. Steve called for thermonuclear and was all in. Tim, one year has passed, is Apple still in? When will this injustice end? I like that Apple is isolating itself now from these thieves. Finish the move like was done with the maps. Then, take them out. Buy up their sources, the most needed resources and stop the manufacturing of this Android crap.
Is China going to let Googles Android and Google maps into China? Did they not get kicked out?
SPREAD the word as far and wide as you all can – BLACK BALL SAMSUNG – don’t buy their stolen products. looks like that all we can do!
Yes Fanboys, yes, let the butt-hurt flow through you.
Mark, you are obviously the go to guy when it comes to butt-hurt flow through.
What just happened? My butt hurts but as with all Fanboys I love it! Keep it coming Samsung. Kisses.
Anything with a ‘Samsung’ badge is off limits to any consumer with an ounce of decency about them. Simply put, don’t buy the rubbish they produce and encourage other to do so. ‘Thieves never prosper’.
Excuse me? America has done jut fine thank you very much! Steal away I say, steal away!
What consumers do you speak of? The tiny little winny amount of them who drink the Kool-Aid? You are lame!
janekg is stuck in the rubble of the aftermath of a hurricane but all we have is this Samsung front end loader to get her out. Oh well let’s see is Apple can get one of their Genius out here to free her.
You guys are hilarious.
I agree. Samsung is playing a very smart game here. A game in which the goal is to become the world’s #2 player. It is working.
Samsung CEO was convicted of fraud, tax evasion and sentenced to 7 years jail. A phone call to his pal Korean president /houseboy got him a pardon. He’s now running samsung again.
http://en.wikipedia.org/wiki/Lee_Kun-hee
Meanwhile U.S Justice tries it’s best to hamper U.S companies. This is not the first time a western judge has thrown out a case against Apple because “apple is making so much money it can’t show it’s been hurt”. A judge in England ordered Apple to APOLOGIZE to Samsung IN PRINT in ads in prominent publications!
The west criticizes Apple for the smallest thing, Apple raises Foxconn wages and gets whacked, Samsung according to china Labour Watch has factories with 80% underaged workers but the press or most consumers don’t care… (there were ‘grannies against Apple’ marching in front of Apple stores over Foxconn but I don’t see one of them in front of android stores against Androids which are built in much worse conditions… )
Easy now! I was a clean living highly respected Governor and President until I got caught violating every proper Presidential conduct rule there is yet my people love me more than ever!
You see, sonny, we are all self righteous until we get caught and once we do if nothing else you will at least know that to leave me a room alone with your girlfriend.
Move on with your Google related Wikipedia search!
clinton?
violating? was Clinton ever convicted of any CRIME? Lewinsky? that’s an issue between him and his wife..
what’s that got to do with Korean president pardoning someone already convicted of coporate crimes? Pardon not from a misdemenor probation thing but years in jail…
I’m so tired of people dragging politics into MDN.
clinton, obama, bush and what’s his name the republican candidate… ?
talk tech here, go to CNN or whatever if you want to talk politics. I’m already sick and tired of it.
The Nexus is Googles phone, more than it is Samsungs. It is the phone new versions of Android show up on first. As a result it should be the primary focus of lawsuits regarding Android features. Since the OS is the primary ingredient in the phone, lifting the ban would be like letting Coca Cola sell their original formula because cocaine is “only an ingredient”.
This is good news. It has demonstrated the arrogance of Apple and it’s iSheep followers. Perhaps Mr Cook can sit down and think for a few minutes and think of the money wasted on lawyers on this occasion.
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