Apple has finally managed to secure a sales ban over some Samsung phone features that infringe on its patents and intellectual property. However, the victory is effectively meaningless despite the milestone in its continuing patent litigation suit with Samsung in ever-longer court battles.
Apple’s ban resides over three features encumbered by its patents: the controversial ‘slide to unlock’ patent, predictive text technology and autocorrect. Getting a ban is a huge symbolic achievement, but the effect it will have on day-to-day business of the two companies is minor. The ban is effectively useless as FOSS Patents explains …
Reuters reported today that a U.S. Federal Circuit Court of Appeals in Washington rejected Apple’s attempt to get a sales ban on Samsung’s Galaxy Nexus. Apple asked the court to revisit a previous decision to reject the company’s request for the sales ban leading up to a full trial set for March 2014. The case involved patents not included in the California trial that awarded Apple a $1.05 billion verdict against Samsung.
Apple wanted the full Federal Circuit of Appeals, made up of nine active judges, to reverse the earlier ruling. But in a brief order on Thursday, the court rejected Apple’s request without detailed explanation or any published dissents… Several experts had believed that Apple faced long odds, as the legal issues in play were not considered controversial enough to spur full court review.
Reuters noted that Apple could still appeal the decision to the U.S. Supreme Court:
Apple could still appeal to the U.S. Supreme Court. However, the high court has made it more difficult for patent plaintiffs to secure sales injunctions in recent years.
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. Expand Expanding Close
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.
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.”
While noting its March numbers indicate continued growth for the iPhone’s marketshare, Canaccord Genuity analyst Mike Walkley (via AllThingsD) said the iPhone is currently outselling “all other smartphones” at both AT&T and Sprint together. He also said Verizon is selling roughly as many iPhones as all Android phones combined:
The first Ice Cream Sandwich handset, the Galaxy Nexus, hit the UK this week (US launch coming soon) and AnandTechhas benchmarked the ICS/Galaxy Nexus combo vs. the iPhone 4S/iOS 5 combo. The Galaxy Nexus processor/GPU isn’t groundbreaking by any means, but the new software inside is certainly packing a punch beating iOS in a few key areas. As seen in the graph to the right, the Galaxy Nexus has a slightly faster tested browser than the iPhone 4S — a crucial day-to-day necessity for users.
The Galaxy Nexus also comes up with the win in JavaScript loading, bringing faster load times than the Droid RAZR and iPhone 4S. Don’t think the Galaxy Nexus is going to come away with everything, however. Both Apple’s iPhone 4S and iPad 2 outperform the Galaxy Nexus in GPU loading — which is limited by its slower SGX 540 underneath. That’s an important consideration for gaming.
The Galaxy Nexus’s hardware has been dubbed very smooth compared to older versions of Android. Google is activating 550,000 Android devices a day and is still behind iOS in total Activations at 200 million total. Head after the break for more graphs.
