Lucy Koh Stories 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that monetary damages were insufficient, and that the court should also have ordered that the infringing products be withdrawn from sale … 

Lucy Koh Stories May 22, 2013

Earlier this month we noted that Apple was asking courts to add the Galaxy S4 as an infringing device in its ongoing patent dispute with Samsung in California. Now, Apple has officially filed a motion (via FossPatents) outlining five patents infringed by the Galaxy S4 and another two Siri related patents infringed by the device’s Google Now voice controlled search feature.

Apple had previously claimed that the Android Google search box feature on Samsung devices infringed the same patents, but is now moving to have Google Now included alongside the S4. Excerpt from Apple’s filing below: expand full story

Lucy Koh Stories August 20, 2012

Read the grueling jury verdict test that Apple v. Samsung jurors must complete

Jury deliberations for the much-reported Apple vs. Samsung trial are set to begin this week, and both companies want the nine jurors to complete an intricate exam to determine if a patent was infringed. As The Wall Street Journal first noted, each side created an elaborate worksheet with dozens of multi-part questions:

  • The general principle is that for each device, the jury has to indicate “yes” or “no” for whether a certain patent is infringed.
  • Then there are fill-in-the-blank questions like:  “What is the dollar amount that Samsung is entitled to receive from Apple for Samsung’s utility patent infringement claims on the ’516 and ’941 patents?” Fun stuff.
  • The jurors must be unanimous to determine whether a patent was infringed.

Judge Lucy Koh will decide on the final form to be presented to the jury.

Check out both proposed verdict forms below (via WSJ).

Lucy Koh Stories July 9, 2012

Reports from last week noted that Samsung’s attempt to lift Apple’s preliminary injunction placed on the Galaxy Tab 10.1 in the United States was rejected by District Judge Lucy Koh. Today, in Apple’s ongoing patent cases with Samsung in the United Kingdom, Bloomberg reported Judge Colin Birss ruled against Apple, claiming Sammy’s Galaxy Tabs “are not as cool.” It is hard to imagine Apple losing in any more of a complimentary way, as Judge Birss claimed his decision was based partly on the fact Galaxy tablets “do not have the same understated and extreme simplicity” as iPad.

The Galaxy tablet doesn’t infringe Apple’s registered design, Judge Colin Birss said in a ruling today in London. He said that consumers weren’t likely to get the two tablet computers mixed up.

The Galaxy tablets “do not have the same understated and extreme simplicity which is possessed by the Apple design,” Birss said. “They are not as cool.”

The company provided a full email statement regarding today’s decision (via Pocket-lint). Samsung explained the court referred to roughly 50 pieces of prior art when dismissing Apple’s case:

expand full story

Lucy Koh Stories June 8, 2012

Apple’s lawyers threaten Samsung with temporary restraining order to stop Galaxy S III sales

Last time we checked in on the ongoing U.S. patent-related court cases between Apple and Samsung, Apple’s lawyers were requesting to add the Galaxy S III to its previous motion for a preliminary injunction against the Galaxy Nexus line of products from February.

Apple was hoping the courts would agree to withhold sales of the S III until a ruling on the preliminary injunction was made. Samsung recommended the judge dismiss Apple’s request and file a new motion, but Apple attorney Josh Krevitt threatened Samsung at a hearing on Thursday that Apple could file a temporary restraining order as early as today to stop sales of the S III before it launches June 21. Bloomberg reported:

Josh Krevitt, a lawyer for Cupertino, California-based Apple, told Koh he was considering filing a request for a temporary restraining order in the interest of blocking sales of the Galaxy S III before its scheduled release in the U.S. this month… Krevitt said a court order temporarily barring Galaxy S III sales in the U.S. will create “a mechanism to allow the court to decide this issue before the launch.”

First Samsung will have to prove in court today that the Galaxy S III includes a “different combination of features” from the Nexus in order to prevent Apple from adding the device to the previously requested preliminary injunction. According to Bloomberg, Samsung lawyer Bill Price claimed: “Apple’s urgency stems from its inability to “compete against the new features” of the Galaxy S III, and the company is trying to “prevent a phone from getting to the public that is better than Apple’s in many, many respects.”

Reuters noted that several Google attorneys attended Thursday’s hearing. If Apple files for a temporary restraining order, the scheduled July 30 trial date would likely be delayed. Apple is also trying its best to kill HTC.

 

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