US judge denies Apple injunction – Samsung sales are safe for now

December 3, 2011
12

It's a good evening for Truth, Justice and the American Way, even if those on the receiving end are Korean. Reuters reports that late Friday the judge on the docket in Apple's suit against Samsung in the United States threw out the case, stating that an injunction on Samsung's devices would not prevent serious damage to Apple's sales. It's the most significant development yet in a case that's been going on since April of this year.

In the U.S., Apple claimed that the Samsung Galaxy S, Galaxy S II and Galaxy Tab 10.1 violated its design patents, bearing a resemblance to the iPhone and iPad, respectively. In November a judge ruled that Samsung's tablet might indeed violate the patents, but expressed doubt that such was a justification for granting a sales injunction. District Judge Lucy Koh made good on those statements today, saying, ""It is not clear that an injunction on Samsung's accused devices would prevent Apple from being irreparably harmed."

This isn't the end of Apple's litigious crusade. The Cupertino company will almost certainly appeal, though at this level of the U.S. civil court system it's entirely possible that the appeal will be denied. Apple has a stable of patent firepower, and if this case fails completely they're likely to fire back at Samsung with another in a few months, as they are already doing with rival Android manufacturer HTC. Apple has been particularly litigious against Samsung worldwide, particularly in Germany and Australia. Down under Apple won a preliminary injunction against the Galaxy Tab 10.1, which is scheduled to lift on December 9th, barring a successful appeal. The injunction against the same model is still in place in Germany, though Samsung has released a revised Galaxy Tab 10.1N... which Apple promptly filed a lawsuit against.

It is to be hoped that a failure in the U.S. District court system, if indeed it comes to that, will influence Apple or at least other court systems to treat the company's frivolous and vague design patents with more skepticism. Just today Apple's requirements for a non-violating device were made public, including "a non-rectangular shape without rounded corners" and "a thicker profile". Though Apple's legal crusade against Android manufacturers (and notably not against Google) is likely to continue, the decisions handed down in the U.S. and Australia indicate that judicial systems worldwide are beginning to see the company's flawed idea of a competitive market as just that: flawed.


Recent Stories
  • TechGuy-Tech

    Glad to see that Judges are beginning to see sense with regard to patents that should never have been granted in the first place.

    But………  Do you check your spelling and grammar before you publish?
    Rueters?  baring?

    • http://www.intellectsoft.net/ App development

      Samsung would be ok anyway, but the judges showed Apple that they can’t command what to do to the courts.

  • Geri Peak

    LOL @ Judge Lucy Koh … reminded m of the General Hospital character (name was Coe I think)

  • Kenghoe_tan

    Apple is arrogant loh!

  • http://www.facebook.com/profile.php?id=100000280963318 Adam Kubalica

    Apple will fire back through the patent troll with whom it made a deal. http://baretech.wordpress.com/2011/12/13/the-other-side-of-the-fence-in-apple/

  • http://pulse.yahoo.com/_TJPSZG4GC6KVUZ7RLRRRTSGEVE John

    I think we need to bring more ideas for this purpose. Involvement of young people can be handy in this regard. I am happy to find a good post here :apple:
    http://www.chicagorealestatedream.com/buying-condos-in-hyde-park

  • http://www.mobilecubix.com/ iPhone App Developer

    I think it is just gr8 and informative post and i like it much.

  • random987

    This is an excellent article for this certain topic.
    The failure of files nearly always takes a user to some feeling of dissatisfaction.
     A variety of recovery applications have been proposed by the experts, to ensure that a person can certainly effortlessly recover their missed details.
    If there is a loss of data condition, a user should’ve an understanding of suited data retrieval software.
    recovery of deleted files

  • http://www.airportcarhire.co.uk/ Airport

    man I would love to have the new samsung tablet, they did make it look to much like the apple ipad though, i thought it was a apple at first glance

  • http://www.facebook.com/people/Jennifar-Foster/100003461817542 Jennifar Foster

    Wonderful post! I am highly agree with the author’s opinion.
    Computer data deletion situation is often a problem for the person.

  • http://www.timkayfilms.com/ video production san francisco

    thanks for writing this and enjoyed the point you were making, but had a question, was the page loading slowly for others to, or just me ? Regards,  video production

     

  • http://profile.yahoo.com/64JFSXX6DISO25IANTBVGUZH64 Tom

    This is a superb sharing.its a nice product of Samsung thanks keep sharing i will keep visiting this nice site.

    USB
    External Drive Recovery