Judge finds Aio Wireless color choice infringes trademark
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 says bans are the price Samsung has to pay for copying
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.
Ban had stymied German users even after patent found likely invalid
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.
Tech companies, business mags, now politicians say SEP injunction unfair
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.
Says entry-level models, competition would be 'swept away' by injunction
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.
Greenlight Capital suit may succeed on merits, but no injunction yet
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.
Jury found that Samsung tablet infringed software, not design, patents
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.
Will continue fight to overturn or appeal patent verdict
Samsung, facing possible US sales injunctions against a range of products that generate billions of dollars in US sales annually, is talking to carriers about feature removals and workarounds along with design modifications on some of its smartphones in an effort to keep the products available to US customers. It will also pursue court remedies against the overwhelming victory scored by Apple in the recent patent trial, but will modify products in the meantime.
Companies awarded small damages
A South Korean court has ruled that both Apple and Samsung are guilty of patent infringement, bringing an end to two lawsuits filed last year. A three-judge panel outlined the split decision, which finds Apple guilty of infringing two Samsung patents and, conversely, Samsung has been found guilty of infringing one Apple patent. Both companies will be affected by product injunctions, though the monetary damage awards are minuscule.
Google pulls Samsung Galaxy Nexus from sale in U.S.
Google has withdrawn the Samsung Galaxy Nexus from sale on the Google Play store as it moves to comply with US court orders banning it from sale. US District Court Judge Lucy Koh earlier rejected Samsung’s appeal against the injunction order, leading to the smartphone being pulled. Google currently has the device listed as ‘Coming Soon,’ with potential buyers offered the opportunity to sign up for notifications.
Court asked to delay injunction pending appeal
Samsung has quickly responded to a recent loss in an ongoing legal battle with Apple, filing a notice of appeal in an attempt to delay an injunction against the Galaxy Nexus. The Korean handset maker has asked a California court to stall the sales ban until the appeal process has come to an end, or until the Court of Appeals has established its own preliminary ruling.
Judge Koh affirms validity of Apple claims
Coming swiftly after two injunctions barring sales of Samsung's Galaxy Nexus smartphone and the Galaxy Tab 10.1 tablet, US District Court Judge Lucy Koh has also denied Samsung the option of summary judgement motions on all of its claims against Apple -- 12 in all. The decision does not remove the claims from the upcoming trial, but precludes Samsung from any early victories, and casts a shadow on the validity of the claims.
Judge: 'Great, that's all we need, new suits'
Judge Richard A. Posner heard the preliminary injunction arguments from both Apple and Motorola on why each should get an injunction against the other's infringing technology in his Chicago courtroom Wednesday morning. No ruling was offered -- the two-hour hearing was used to receive clarifications on briefs filed by Motorola and Apple since Posner resurrected the trial after dismissing it last week, but product sales injunctions seem unlikely.