July 28, 2014
March 28, 2014
The Typo iPhone case has been blocked from sale by BlackBerry, according to a report from Reuters. The smartphone maker sued over the design of the case earlier this year, saying that it infringed on several of the company’s patents and its “iconic” keyboard design. The case is designed to add a BlackBerry-like keyboard to the iPhone 5 and 5s.
The injunction blocks the sale of the Typo, which is made by a company co-founded by TV personality Ryan Seacrest. A San Fransisco federal judge ruled that BlackBerry had established a “likelihood” that the Typo case infringed on its patents, while the case maker was unable to prove that it had not.
March 6, 2014
October 2, 2013
September 6, 2013
The judge in the highly controversial DOJ ebooks case has delivered an injunction against Apple today, GigaOM reports.
The injunction prevents Apple from working in ‘most-favored-nation’ clauses into its contracts with publishers. MFN clauses have required publishers to sell their books at the lowest price on the iBookstore, but this injunction “forbids Apple from enforcing MFN clauses in any ebook publishing contracts for five years.”
On the other hand, the DOJ’s proposal of giving other ebook retailers the opportunity to set up shop within iOS devices without giving 30% to Apple has been denied. Just a couple of weeks ago, the DOJ submitted an email from Steve Jobs showing how Apple’s decision to force apps into using Apple’s payment system came to be.
May 6, 2013
As if we needed someone to tell us that the ongoing patent lawsuits between Apple and Motorola in Germany were getting a little out of control… Today the European Commission has finally stepped up calling Motorola’s enforcement of an injunction against Apple with mobile standard essential patents “abuse of a dominant position prohibited by EU antitrust rules.” The EU Commission, however, does note that the statement of objections sent to Motorola does not reflect the final outcome of its investigation into its use of standard essential patents (SEPs):
The Motorola Mobility SEPs in question relate to the European Telecommunications Standardisation Institute’s (ETSI) GPRS standard, part of the GSM standard, which is a key industry standard for mobile and wireless communications. When this standard was adopted in Europe, Motorola Mobility gave a commitment that it would license the patents which it had declared essential to the standard on FRAND terms. Nevertheless, Motorola Mobility sought an injunction against Apple in Germany on the basis of a GPRS SEP and, after the injunction was granted, went on to enforce it, even when Apple had declared that it would be willing to be bound by a determination of the FRAND royalties by the German court.
The EU Commission essentially states that Apple should be able to license the technology under fair, reasonable and non-discriminatory terms decided by a third-party, and that Motorola’s approach with its latest injunction could “distort licensing negotiations and impose unjustified licensing terms.” Back in February of 2012, Apple was for a short while forced to remove all 3G devices from its online store in Germany following the injunction, and at the time Apple noted that “Motorola repeatedly refuses to license this patent to Apple on reasonable terms, despite having declared it an industry standard patent seven years ago.” expand full story
October 11, 2012
August 27, 2012
August 24, 2012
July 3, 2012
July 2, 2012
iPad versus Tab 10.1 (Credit: AnandTech)
As relayed by Reuters, a judge has blocked Samsung’s request for a lift of the recently placed injunction on the Galaxy Tab 10.1. This ruling follows last week’s ruling in which an injunction was placed on the Android tablet.
Apple posted a $2.6 million bond to put last week’s injunction into action.
While the rejection of a lift on the Tab 10.1 injunction is notable, this likely won’t affect Samsung too much as the company has already released new tablets and a successor to the banned touchscreen multimedia computer.
In addition to this injunction on the Galaxy Tab 10.1, Apple was granted a preliminary injunction on Samsung and Google’s popular Galaxy Nexus smartphone. The ruling on the Nexus came just days after Google announced enhancements to the device such as the addition of the Android 4.1 operating system, Jelly Bean.
June 29, 2012
Following Apple’s win of an injunction on Samsung’s Galaxy Tab 10.1, the court has granted Apple with a preliminary injunction on Google and Samsung’s high-profile Galaxy Nexus smartphone. This is according to a tweet from inside the courtroom by Reuters reporter Dan Levine.
Judge Koh has GRANTED Apple request for prelim injunction against Samsung Galaxy Nexus phone. Story TK
— Dan Levine (@FedcourtJunkie) June 29, 2012
Additionally, the court says that Apple must pay a $96 million bond to secure this preliminary injunction. As Google and Samsung’s flagship smartphone, expect this injunction to be fought heavily.
Apple’s week was MUCH better than last. Koh: injunction becomes effective once Apple posts bond of nearly $96 mln. #iCourt
— Dan Levine (@FedcourtJunkie) June 29, 2012
Mueller, of FossPatents, also has posted a screenshot of the header area for the injunction order (above).
(Image: Phone Arena)
June 28, 2012
There were reports earlier this week that District Judge Lucy Koh issued a preliminary injunction on the Galaxy Tab 10.1 in the United States related to the ongoing cases between Apple and Samsung. At the time, reports claimed the ruling would kick in once Apple posted a $2.6 million bond. Today, FossPatents reported that Apple has since done so, allowing the preliminary injunction to formally take effect:
Apple didn’t hesitate to post its $2.6 million bond to protect Samsung against the possibility of a successful appeal, in which case the preliminary injunction would be found to have been improperly granted… the injunction has taken effect and Samsung must abide by it. Otherwise Apple could ask the court to sanction Samsung for contempt.
With Apple pulling $39.2 billion in revenue last quarter, we know it takes only a matter of minutes to make that $2.6 million, which is meant to protect Samsung from damages in case the injunction is found to be wrongly issued. On Tuesday, Judge Koh made a statement following her ruling that Samsung “does not have a right to compete unfairly, by flooding the market with infringing products.” FossPatents continued by giving its outlook for the trial set to take place this summer:
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June 26, 2012
A bit of legal news this evening: U.S. District Judge Lucy Koh issued a preliminary injunction on the Samsung Galaxy Tab 10.1 in the United States late this evening, according to Reuters. Apple has fought worldwide for close to a year to get an injunction against a slew of Samsung products, claiming Samsung “slavishly” copies its products. The folks in Cupertino are most likely celebrating this evening, after working hard to protect the hot-selling iPad. When asked to give comment on the case, Judge Koh said Samsung is “competing unfairly” by “flooding the market with infringing products.”
“Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products. While Samsung will certainly suffer lost sales from the issuance of an injunction, the hardship to Apple of having to directly compete with Samsung’s infringing products outweighs Samsung’s harm in light of the previous findings by the Court.”
According to AllThingsD, the injunction will begin once Apple posts a $2.6 million bond to protect Samsung if the injunction is later determined to be wrongly issued. An Apple spokeswoman commented, “This kind of blatant copying is wrong and, as we’ve said many times before, we need to protect Apple’s intellectual property when companies steal our ideas.”
To be clear, this has been issued for the original Galaxy Tab—not the newer version Samsung just released.
Oh, and Happy Google I/O everyone (which begins tomorrow)! Check out the court documents below:
June 6, 2012
November 4, 2011
Florian Mueller isn’t a patent attorney but he plays one on his blog FOSSPatents. For better or worse, he’s often quoted in the ongoing mobile technology patent battles where the winner is often Apple. He’s also German so he probably understands this new, disturbing ruling a lot better than us (Our German is “rostig”)
Apple knows what it’s like to win injunctions against rivals. It won four of them against Samsung (two in Germany, one in the Netherlands and most recently one in Australia; all of them preliminary). Now it seems that Apple has just come out on the losing end of a patent infringement lawsuit. I have received a copy of what purports to be a default judgment by the Mannheim Regional Court barring Apple from selling in Germany — the single largest market in Europe — any mobile devices infringing on two Motorola Mobility patents and determining that Apple owes Motorola Mobility damages for past infringement since April 19, 2003.
If true, this would be a Hindenburg-sized backfire for Apple’s legal efforts in Europe.
The two patents and their US equivalents, Statements from Apple and Motorola and an update from Mueller below: expand full story
October 14, 2011
October 13, 2011
September 26, 2011
August 24, 2011
Update 1: Samsung comments below the fold
Update 2: Judge declares Apple’s “slide-to-unlock” patent invalid
A Dutch court today issued an “EU-wide preliminary injunction against Samsung’s Galaxy” devices (excluding the Galaxy tablets), according to a report from FOSS Patents who just posted the official court order.
From the report:
The Rechtbank ‘s-Gravenhage (a Dutch court in the city of The Hague) today issued an EU-wide preliminary injunction against Samsung’s Galaxy smartphones — but not the Galaxy tablets — at Apple’s request. The decision follows a hearing held on August 10 and 11, 2011.
While the majority of Apple’s claims have reportedly been rejected by the court, one patent detailing swiping gestures between images in a gallery has apparently lead to the court’s ultimate decision (according to Tweaker via MacRumors). The “EU-wide” ruling will take effect October 13 and will ban Samsung subsidiaries from selling several devices including the Galaxy S, Galaxy S II, and Ace smartphones. However, “EU-wide” in this case is not necessarily all of Europe, rather only in countries where that specific swipe gesture-related patent (image below) is valid. Foss Patents explains:
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