Copyright © 2015
Tag - Injunction
A ruling from the US District Court in October is causing more hurt than first realized, as Aereo ist now turning to layoffs as a way hold resources for the future. Between offices in New York and Boston, the company is letting go of a large number of employees. More devastating is the coming closure of the Boston office, which Aereo expects to shut down on November 12.
On Wednesday, US Federal District Court Judge Lucy Koh ruled on two motions in the ongoing leftover matters related to the first Apple vs. Samsung patent trial from 2012. The first ruling denied Apple the opportunity to recover attorney's fees from Samsung related to its guilty verdict on trade dress claims, and the second returned a $2.6 million Apple bond the company had put up to enforce a sales injunction against the Galaxy Tab 10.1, which was found to have copied Apple's iPad technology. No action was ever taken on the ban due to the appeals process, and both companies have since agreed to drop the injunction.
Two years after the first Apple-Samsung patent trial, the big winner in that case -- Apple -- has dropped a motion to cross-appeal a portion of Judge Lucy Koh's final verdict. The action means that the company has officially given up hope of seeing any product bans on the 23 Samsung products found guilty of copying Apple technology, though the matter is largely moot as none of the products are still offered for sale anyway. Despite the clear victory in the jury trial, Judge Koh twice refused to issue sales injunctions on the infringing Samsung products.
The case for the use of the color magenta in the mobile marketplace filed by T-Mobile against Aio Wireless, an AT&T subsidiary, has dealt a blow to the smaller no-contract carrier by a federal court. An injunction has been granted in favor of T-Mobile which restricts Aio from further use of the color.
Apple and Samsung were in court on Thursday in front of US District Court Judge Lucy Koh, with the former arguing that its successful verdicts against Samsung entitles it to sales bans on the affected products (even though none of them are still offered for sale). Samsung, meanwhile, protested that the injunctions would "create fear and uncertainty" among suppliers, since Apple could seek bans on current and future products as well.
As of 9PM local time in Germany, users in that country are finally -- after 19 months -- able to activate push email services from iCloud. The previous block was due to a patent dispute with Google-owned Motorola Mobility over a patent on a push-type messaging originally granted for beepers, and which has in the intervening months been found invalid for four separate reasons by a court in the UK, and later on in three different courts in Germany.
As the deadline nears for the ITC's ban on some older models of iPhones and iPads to take effect, a growing chorus of companies and individuals have begun calling for an overturning of the ban by the Obama administration in the wake of a lack of action. Two Republican and two Democratic senators have signed a letter urging United States Trade Representative Michael Froman (who has been delegated the decision) to reverse the ITC ban, mostly on the grounds that sales injunctions over Standards-Essential Patent (SEP) disputes are unnecessary.
Apple has filed a request with the US International Trade Commission (ITC) for a stay on an import ban against older models of iPhones and iPads pending an appeal pending in a federal court. The sales injunction, which affects GMS versions of the iPhone 4 and iPad 2 with cellular option, may go into effect in as little as a month if the 60-day Presidential Review on ITC sales bans lapses without action. The injunction was a surprising move on the part of the full commission, which had preliminarily found in Apple's favor in a case over 3G patents owned by Samsung.
In an initial hearing on the lawsuit between David Einhorn's Greenlight Capital and Apple, where the former party is attempting to prevent a shareholder vote on a "preferred stock" proposal, a judge has sided with Einhorn and found that Apple could be breaking US Securities & Exchange Commission rules by "bundling" three issues into one shareholder voting item. At the same time, the judge didn't indicate that he couldn't find any "irreparable harm" in the proposal, lessening chances of an injunction.
Apple filed a motion late Monday to extend the preliminary sales injunction against Samsung's Galaxy Tab 10.1 tablet in the US while that particular aspect of the case is being appealed, a move designed to head off any attempt US District Court Judge Lucy Koh may make to dissolve the injunction based on the findings of the jury. In the recently-concluded trial, one of the jury's few nods to Samsung was a finding that the tablet, which has been banned in several countries due to its violation of design patents, infringed on three software patents but did not infringe on Apple's design patents.