Samsung wins temporary stay of Galaxy Nexus ban

“Samsung Electronics scored a partial victory against arch-foe Apple Inc on Friday after a U.S. appeals court lifted a freeze on sales of its Galaxy Nexus smartphones but upheld a lower court’s decision to temporarily halt sales of its Galaxy 10.1 tablet computer,” Diane Bartz reports for Reuters.

“Apple accused its Asian rival, the leader in global mobile device sales, in lawsuits of blatantly copying its hot-selling iPhones and iPads,” Bartz reports. “Last week, a San Jose court granted rare, temporary injunctions against the sale of the Galaxy mobile devices in question, a triumph for the Silicon Valley consumer electronics giant that had asked for the bans until their trial begins July 30.”

Bartz reports, “The U.S. Court of Appeals for the Federal Circuit said it would temporarily stay the smartphone injunction while it considers Apple’s arguments, the court said in a brief order. It gave Apple a July 12 deadline to respond.”

Read more in the full article here.

Florian Mueller reports for FOSS Patents, “The court will await Apple’s response and then decide on a stay for the entire duration of the appeal. In other words, we might see an “on again, off again” ban: it was in effect after Judge Koh denied Samsung’s motion to stay and Apple posted the bond; it’s now stayed; but if the Federal Circuit does not decide to stay it for the entire duration of the appeal, then it will enter into force again, possibly as early as next week.”

“The temporary stay allows Samsung to minimize the disruption that the injunction causes. Google had announced a software change to avoid further infringement, but it will likely take time to build new devices that come with non-infringing operating software,” Mueller reports. “It would be mistaken to conclude from this temporary stay that Samsung is very likely to win a stay for the duration of the apeal. But there’s no question that its motion to stay the Nexus injunction is clearly more likely to succeed than the one relating to the Galaxy Tab 10.1.”

Mueller writes, “Samsung can now sell some more of the Nexus units it already has in its U.S. warehouse, but the temporary stay could go away within a matter of days or a very few weeks. Samsung will need to build, and ship to the U.S., some non-infringing Nexus units anyway to avoid or mimimize disruption in case this temporary stay is not extended.”

Read more in the full article here.

16 Comments

    1. You mean the iPhone that caught fire because it was serviced by a non-Apple authorized shop and they left a screw under the screen?
      No idea what that has to do with this article…

    1. The problem is not patents. Rather, the problem is the inability of the legal system to keep pace with technological developments. New products routinely are introduced before patent rulings can be made. I fear the best Apple will be ever to hope for is to be paid money for damages long after infringements occur.

      But consumers can correct this. Boycott Samsung consumer products that steal American technogy.

      1. One might think, why if Doctors and scientists and most other industries must keep up with the times… why can LAWYERS not specialize?

        Hence, thinking, perhaps, the lawyers stupidity still earns them work and justice is not served…

        Guessing, that the legal system fails to protect and understand the needs of the rapidly changing technology sector.

        — but —

        The real trouble is the state of the legal system. And no one is going to fix this fast.

  1. Move two spaces forward, now, two back, 1 forward, 1 back, 3 forward, 2 back, 1 forward, 4 back…

    Lawyers must have started planning their early retirement when they heard Steve Jobs’ Nuclear comment.

  2. With or without patents Apple’s strategy is “patently” clear, though I don’t see an article in the media specifically analyzing Apple’s strategy.

    “Innovate so fast our competition can not keep up long term.”

    Apple’s competitors can be slowed down by materials, methods, supplies available, patents, innovative logic in software and Apple’s own innovative retail stores and service.

    Apple is all innovation all the time to wear the competition to a frazzle. Unlike the 90s where the computer case changed shape and color, with a CPU speed bump, Apple is changing many dozens or hundreds of things with each product upgrade.

    I would hate to compete with Apple because they are going to make my life a total wreck in dealing with my suppliers & superiors.

  3. Whoa. Apple almost won an injunction in its home country on a device that might actually make Samsung think twice about ripping off iOS.

    Phew! That was close!

  4. I don’t understand these judicial system flip-flops which make it easier for the guilty to do what they want. It seems there is no black and white, only middle shades of gray to these judges. Very frustrating. I hope Apple responds and gets the stay revoked.

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