“Judge Lucy Koh of the United States District Court for the Northern District of California has just granted Apple a preliminary injunction against the Samsung Galaxy Nexus, an Android-based smartphone co-developed by Samsung and Google,” Florian Mueller reports for FOSS Patents.
“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.
Related articles:
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
LIKE!
BOOM!!!
Predictably due- Them Apples bite back
“IF YOU CAN’T FIX IT WITH A HAMMER,
YOU’VE GOT AN ELECTRICAL PROBLEM” WRITTEN BY A 21 YEAR OLD FEMALE – Wow, this girl has a great plan! Love the last thing she would do the best.
This was written by a 21 yr old female who gets it. It’s her future she’s worried about and this is how she feels about the social welfare big government state that she’s being forced to live in! These solutions are just common sense in her opinion.
This was in the Waco Tribune Herald, Waco , TX , Nov 18, 2011
PUT ME IN CHARGE . . .
Put me in charge of food stamps. I’d get rid of Lone Star cards; no cash for Ding Dongs or Ho Ho’s, just money for 50-pound bags of rice and beans, blocks of cheese and all the powdered milk you can haul away. If you want steak and frozen pizza, then get a job.
Put me in charge of Medicaid. The first thing I’d do is to get women Norplant birth control implants or tubal legations. Then, we’ll test recipients for drugs, alcohol, and nicotine. If you want to reproduce or use drugs, alcohol, or smoke, then get a job.
Put me in charge of government housing. Ever live in a military barracks? You will maintain our property in a clean and good state of repair. Your home will be subject to inspections anytime and possessions will be inventoried. If you want a plasma TV or Xbox 360, then get a job and your own place.
In addition, you will either present a check stub from a job each week or you will report to a “government” job. It may be cleaning the roadways of trash, painting and repairing public housing, whatever we find for you. We will sell your 22 inch rims and low profile tires and your blasting stereo and speakers and put that money toward the “common good..”
Before you write that I’ve violated someone’s rights, realize that all of the above is voluntary. If you want our money, accept our rules. Before you say that this would be “demeaning” and ruin their “self esteem,” consider that it wasn’t that long ago that taking someone else’s money for doing absolutely nothing was demeaning and lowered self esteem.
If we are expected to pay for other people’s mistakes we should at least attempt to make them learn from their bad choices. The current system rewards them for continuing to make bad choices.
AND While you are on Gov’t subsistence, you no longer can VOTE! Yes, that is correct. For you to vote would be a conflict of interest. You will voluntarily remove yourself from voting while you are receiving a Gov’t welfare check. If you want to vote, then get a job.
Thats why 21 year olds still prematurely ejaculate.
Wrong, she’s lightyears ahead of all of you socialist scum bags.
Ooh, the harder they come, harder they’ll fall, one and all
Speak for yourself, Short Fuse.
lol
That’s just some bullshit designed to protect job-destroying politicians and their policies, isn’t it?
Make it so people can’t vote you out of office for putting them out of work. That’s a mighty sweet deal.
What we need is a nice little limited nuclear war between North and South Korea. If the North wins, no more iPhone rip-offs. And even if they don’t, I’m sure the South Koreans would be taught a lesson they sorely need…
James T. you are an idiot. Why do you root for a nuclear war because a company in Korea is ripping off an Apple product. Stupid is as stupid does. What lesson will the South learn if North Korea attacks.
James T time for you to get out of your parents basement
Hmmm…
Mass Genocide over a phone.
Overreact much?
“Go play your video games…”
nice.. classy James T… jeez.. (yes I am Korean) (and yes, fuck you)
James – I am 100% with dapoktan here. There are lot of Koreans who are happy Apple customers. You on other hand most likely are not an Apple customer. Apple customers tend to be happy and satisfied bunch.
I expect nothing more from the doods that comment on here.
Ever heard of Dr. Edward de Bono?
We have only got two PRELIMINARY injunctions so far. Seems to me the courts overturn these kinds of wins into losses willy nilly. So I wouldn’t be celebrating just yet. We still need that killer blow that wipes the smile from faces of SamDung and eventually Schmidt.
Preliminary injunctions are very hard to get, once granted they are not easily overturned.
To over turn this another judge would have to find fault with how Judge Koh interpreted the law. Thats not something judges do lightly to other judges.
MDN sure has changed their tune with their latest take.
The last time Apple won an injunction, all we got were snarky comments about Apple’s legal team and hints of MDN’s usual vendetta against Tim Cook when it comes to Samsung.
Calling out the slow gears of justice is a far more realistic and accurate approach.
+1
Fantastic news!! Only thing better would be if Samsung were found guilty.
Normally an injunction is only granted when the judge thinks it’s very likely the the offending party will be found guilty, so chances are good.
Love to see MDN headlines that begin with “Apple wins…”
More, please!
Sorry Lucy, but autocorrect is a HUGE feature of the iPhone. Even data tapping is a distinguishing feature.
+10
autocorrection is also better in iOS
compared to AndyBot-cream-me-pants.
Does this explain why Apple made the unprecedented move to include Siri in beta form on the 4S?
On the ability of Siri to drive demand:
“The Court is persuaded by the evidence in the record that the ’604 unified search functionality drives consumer demand in a way that affects substantial market share. Even accepting Samsung’s argument that the intelligent voice-recognition aspect of Siri, as advertised, also contributes to consumer interest in the iPhone 4S, Apple has shown that the ‘604 Patented feature is core to Siri’s functionality and is thus a but-for driver of demand for Siri. Accordingly, the Court finds that Apple has adequately established the requisite causal nexus between Samsung’s alleged infringement of the ‘604 Patent and Apple’s risk of suffering irreparable harm.”
Yea, what he said
Samsung will find an excuse to keep selling their stuff and then claim damages from Apple.
“This one is blue, so we can still sell these. And the one’s already on the shelfs . . .”
shelves.
Funny. No mention of this in the New York Times, the “Paper of Record.” Of course, they are still featuring the piece on the pay of Apple Store employees.
Biggest state-side yet! Brilliant
At last someone else who can tell the obvious idiocy of these judges. This means nothing but to further solidify the divide between iOS/Android/Windows et al. Apple will continue to use the courts to stop competition (don’t even start now this “Samsung/Google copied blah blah blah… Apple didn’t invent ANY of this in question) until gov’t finally drops the big boot on them like they did Microsoft in the late 90s. It can’t happen soon enough.
Home james, you poor little bugger, youre soooo pathetic
so true….. competition is good people. Without it apple would only update designs / os every two years!….wait ….. oh
Boom !!!!!!!!
Hopefully they dont see our sliding notification bar!!