“Five months and one day after Apple filed its motion for a preliminary injunction in the United States against four Samsung products based on three design patents and one software patent, Judge Lucy Koh finally denied it,” Florian Mueller reports for FOSS Patents. “It’s not all bad for Apple with a view to the final decision on those intellectual property rights that will come down at the end of the main proceeding (the process concerning the preliminary injunction request was only a temporary, parallel, fast track for a small subset of Apple’s claims). It’s possible that Apple will get a more favorable outcome on some of the asserted rights in the main proceeding.”
Earlier today, Mueller emailed MacDailyNews with some key points:
• Design patents aren’t the answer to Apple’s issues with Samsung. Their valid scope is usually too narrow to be of much use.
• T-Mobile’s and Verizon’s public interest statements were dismissed. The ITC will have to decide, by Tuesday, on similar public interest claims in the Apple v. HTC case.
• In my opinion, the ruling contains errors with respect to the assessment of market and competitive dynamics, and unfortunately for Apple, those mistakes were outcome-determinative for most of Apple’s claims.
Mueller writes, “It’s unfortunate for Apple that the judge took positions that, in my experience with competition issues, economists would be rather unlikely to take (provided that they understand the relevant market and are impartial). Even without those mistakes, Apple wouldn’t have won a ruling that would have been devastating to Samsung. Samsung could have easily worked around it, I believe. But the outcome would look much better for Apple if some of its claims had succeeded — and a couple of them apparently would have succeeded if the competitive dynamics had been assessed more accurately.”
Much more in the full article here.
MacDailyNews Take: What’s the point of innovating if your inventions can simply be stolen at will and sold for years before the “legal system” catches up, if it ever does?
Regardless of glacial and fallible courts and judges, we consumers can swiftly deliver a measure of justice on our own:
Boycott Samsung. We no longer buy Samsung-branded products and advise our millions of readers worldwide to also avoid purchasing Samsung-branded products until they cease stealing Apple’s patented IP.
Apple’s products came first, then Samsung’s:
U.S. judge rejects Apple bid to halt Samsung Galaxy smartphone, tablet sales – December 3, 2011