May 25

AAPL: 153.87

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The legal battle between Qualcomm and Apple over patent royalties for wireless chips has been further escalated. Qualcomm has effectively accused Apple of blackmailing it by instructing its suppliers to withhold royalty payments.

Qualcomm makes the accusation in a court filing requesting an injunction against all four of Apple’s iPhone manufacturers …

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July 28, 2014

Apple no longer seeking injunction against some Samsung devices in patent case

Apple has filed a motion to drop a cross-appeal in the seemingly eternal patent battle between the Cupertino-based tech giant and rival Samsung, as noted today by FOSS Patents.

As the appeals process drags on, Apple has decided to let go of certain points and accept the court’s rulings. In this case, Apple has decided not to seek an injunction against certain Samsung devices from its first trial in 2012. Apple has already tried to get an injunction against these devices twice in the past, but was denied both times.

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.

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March 6, 2014

Judge denies Apple injunction for patent infringements by Samsung, sets worrying precedent

I know, your eyes are probably glazing over by now at yet another Apple v. Samsung patent story. It seems scarcely a week goes by without one of the two companies winning a point, losing a point, filing an appeal, winning an appeal, losing an appeal or applying for some kind of court order. And if you were losing count, the latest news reported by FOSS Patents that a California court has rejected Apple’s application for an injunction against Samsung still relates to the original patent battle between the two companies which began back in 2011.

Apple was originally awarded almost a billion dollars in damages for patent infringements by Samsung. Apple had argued that monetary damages were insufficient, and that the court should also have ordered that the infringing products be withdrawn from sale … 

October 2, 2013

iCloud Mail push notifications return in Germany as injunction gets lifted in Apple/Motorola dispute

Since more than a year ago, Germans have not had access to push notifications for iCloud Mail services following a dispute between Apple and Motorola in the country that forced Apple to disable the feature. Now, as noted by German Apple blog iPhone-ticker.de, Apple has now confirmed that push notifications services have been switched back on in the country. The news comes following Apple’s success in getting the original injunction lifted after posting $132 million bond, according to FossPatents:

After the Federal Patent Court’s preliminary ruling, Apple filed with the Karlsruhe-based appeals court a motion to stay enforcement against Google’s will. In early September, the Karlsruhe Higher Regional Court granted it. I published my own (obviously unofficial) English translation of the order. The order revealed that Apple had to post a 100 million euro ($132 million) bond to get the injunction actually lifted. The paperwork for all of this apparently took a few weeks and presumably Apple’s technical staff conducted some internal tests before finally reactivating the push notification feature for end users — which it did today.

September 6, 2013

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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.

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May 6, 2013

European-CommissionAs 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

US court reverses Apple’s injunction on Samsung Galaxy Nexus

U.S. Judge Lucy Koh granted Apple’s request for a preliminary injunction against Samsung’s Galaxy Nexus smartphone in June, and the decision resulted in the temporary removal of the device from Google Play pending a software fix with Android 4.1. Today, Reuters reported that Apple’s U.S. injunction on the Galaxy Nexus has been reversed. TheNextWeb got its hands on the official order:

Samsung argued, somewhat humiliatingly, that the sales of the Galaxy Nexus were so poor that they didn’t pose a threat to Apple’s iPhone and that the unified search feature was not essential to the success of its device. The appeals court apparently agrees, as it states in its official order:

…it may very well be that the accused product would sell almost as well without incorporating the patented feature. And in that case, even if the competitive injury that results from selling the accused device is substantial, the harm that flows from the alleged infringement (the only harm that should count) is not.

According to Reuters, the U.S. Court of Appeals for the Federal Circuit ruled the court “abused its discretion in entering an injunction” and will send the case back to the California court for consideration.

August 27, 2012

Samsung requests Galaxy Tab 10.1 injunction to be thrown out, seeking damages against Apple

Apple won a preliminary injunction on Samsung’s Galaxy Tab 10.1 in late June after claiming Samsung’s hot-selling tablet infringed on its iPad D’889 design patent. During the Apple vs. Samsung case that ended on Friday, it was ruled the Galaxy Tab 10.1 did not infringe on any of the iPad’s patents—specifically the one questioned in June. Consequently, Samsung now wants the injunction tossed out and damages placed on Apple.

The Verge reported that Samsung filed a motion last evening to have the injunction thrown out, and the company wants it done quickly. Since the jurors did not find the Galaxy Tab 10.1 infringing on the patent called up in the preliminary injunction hearing in June, Samsung wants to be let off the hook:

August 24, 2012

Apple vs. Samsung injunction hearing set for September 20th, following Apple filing by Aug. 29

 

Following the U.S. court’s verdict in favor of Apple in the high profile Apple vs. Samsung mobile device patent case, The Verge reports that a date for an injunction hearing has already been set. Now that Apple has the win and just over a billion more dollars on its hands, a September 20th hearing will determine injunctions for Samsung’s infringing products. Apple will file its injunction requests by August 29th. (Image: ATD).

July 3, 2012

Judge Koh, the judge presiding over the recent patent-based suits between Apple and Samsung, has ruled against Samsung’s request for the preliminary injunction on the Galaxy Nexus smartphone to be lifted, Reuters reports. More details after the break:

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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.

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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.

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.

The patent that the judge (Judge Koh) used to make  the ruling is a patent encompassing unified search in the phone operating system. This is referring to Siri, according to Florian Mueller.

Mueller, of FossPatents, also has posted a screenshot of the header area for the injunction order (above).

(Image: Phone Arena)

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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: expand full story

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:

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June 6, 2012

Apple seeks US preliminary injunction against Samsung’s Galaxy S III

Apple put forward a second California litigation against South Korea-based Samsung earlier this week when it sought the court’s consent to add the Android-powered Galaxy S III smartphone to its motion for a preliminary injunction against the Galaxy Nexus.

According to FOSS Patents:

Apple made this move approximately 20 hours after I wrote about the Galaxy S III being “the obvious next target”. In my blog post I speculated that Apple might bring a preliminary injunction motion against it, possibly after awaiting tomorrow’s preliminary injunction hearing. Apple decided to forge ahead now. Apple is on the offensive against Android. Earlier this week it filed an ITC complaint requesting an immediate import ban of 29 allegedly-infringing HTC devices. There’s an important overlap: the “data tapping” patent that Apple is seeking to enforce against HTC’s current generation of products is one of two patents Apple is using against the S III.

Apple purchased the S III in the United Kingdom, where Samsung launched it on May 29. The U.S. launch date is June 21 — precisely two weeks after the preliminary injunction hearing.

Apple’s motion notes that “[a]ccording to press reports, Samsung has already sold over nine million preorders of the Galaxy S III; indeed, the Galaxy S III has been reported to be the most extensively preordered piece of consumer electronics in history.”

Apple filed the first preliminary injunction motion against the Galaxy Nexus in February over four disputed patents. The Cupertino, Calif.-based Company’s requested in its latest motion that Samsung withhold the launch of the device’s successor in the United States until the court rules on the preliminary injunction request.

Samsung replied to the motion this afternoon, contending Apple cannot continue to add to its record for the Galaxy Nexus:

“If Apple wishes to seek an injunction against the Galaxy S III, the Court should require Apple to file a new motion and allow the parties to develop a full factual record on all four factors. Accordingly, the Court should reject Apple’s motion to amend its current notice of motion for a preliminary injunction.”

This article is cross-posted at 9to5Google.

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

Dutch court throws out Samsung’s injunction request

Samsung made waves last month seeking to ban sales of Apple’s mobile products with 3G capabilities in The Netherlands, meaning iPhones and 3G iPads. The Hague court was anything but impressed and today denied Samsung’s request. The news came as another blow to the South Korean consumer electronics conglomerate, right after the U.S. District Judge […]

October 13, 2011

US Judge says Samsung tablets do infringe Apple patents but doesn’t issue an injunction

US District Judge Lucy Koh came down on Samsung today for infringing on Apple’s patents in a preliminary hearing on Apple’s request to bar some Galaxy products from being sold in the United States. She stopped short of issuing an injunction however, like her Australian counterpart yesterday, saying that Apple may have some issues establishing […]

September 26, 2011

Judge may grant a “brief” injunction on Galaxy Tab 10.1 sales in Australia

Apple in August secured a temporary ban on Samsung’s planned Galaxy Tab 10.1 release in Australia. Today is the first day of a two-day hearing over the matter and Federal Court Justice Annabelle Bennett said she needed more time to dive into Apple’s claims before she ruled on Apple’s request for an injunction. Bennett observed […]

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