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BioShock Infinite, Amazon Send to Kindle, Garmin, Final Fantasy V, Reuters, more

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BioShock Infinite: Mac game developers Aspyr announced today that it will be bringing Bioshcok Infinite to the Mac following its release on PC and consoles next week on March 26. It will take Aspyr until the summer to get the third instalment in the Bioshock series up and running on OS X, but the company promised us more details on pricing, preorders, and release dates in the near future. The game follows lead character Booker DeWitt and takes place in the lost, floating city of Columbia. It’s the first title in the series that doesn’t take place under water and also sees the return of the game’s original developer Ken Levine.

Amazon Send to Kindle: Announced by Amazon today, website owners can now add a “Send to Kindle Button” to allow visitors save content directly to Kindle devices and apps. That means that iPhone and iPad users can now use the function on supported sites to send content to the Kindle iOS apps. Some sites such as The Washington Post, TIME, and Boing Boing have already added the button.

Final Fantasy V: The FF-Reunion website is reporting that Final Fantasy V is making its way to the App Store, at least in Japan, by the end of March. The title is said to get the usual overhaul for iOS, but until then you can always play the Game Boy Advance port through an emulator.

Garmin USA version 2.4: Garmin updated its USA version of its iOS app today alongside many other local versions with the ability to play voice instructions through your car’s speakers over bluetooth, a new Map Manager, points of interest from Wikipedia, and much more:
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Nokia submits amicus brief in support of Apple’s bid to block sale of Samsung products

According to a report from Reuters, Nokia has this week become the first company to submit an amicus brief in support of Apple’s attempt to secure injunctions on several Samsung products. While the full contents of the brief have not yet been revealed, Reuters reports Nokia argued its position in a summary of the brief that was filed with the U.S. Court of Appeals for the Federal Circuit in Washington on Monday.

In an accompanying summary, however, Nokia argued that a trial court judge got it wrong when she denied Apple’s request for a permanent injunction.

In the filing on Monday, Nokia attorney Keith Broyles from Alston & Bird argued that U.S. District Judge Lucy Koh in San Jose, California, erred by ruling that Apple must establish a “causal nexus” between its patented feature and the demand for its phones in order to secure a permanent injunction.

Nokia argued that the rule “could cause wide-ranging damage to the United States patent protection landscape.”

Companies and advocacy groups will still be able to submit briefs on behalf of Samsung after the company’s written arguments in the coming weeks. Nokia said its decision to submit the brief is to “advocate for patent rights as a means of fostering innovation.” 
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Apple renews efforts in India with increased distribution, marketing & installment plans

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Despite comments from Apple CEO Tim Cook last year about India remaining a lower priority than many other emerging markets, a report from Reuters today detailed how Apple is “aggressively pushing” the iPhone in India through payment plans and a new marketing campaign. Cook suggested last year that India wasn’t the biggest international focus for Apple and multi-layer distribution in the country “really adds to the cost of getting products to market.” According to Reuters, on top of an aggressive marketing campaign and payment plans, Apple also aims to increase the distribution channels Cook mentioned last year:
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Court again rejects Apple’s attempt at Samsung Galaxy Nexus sales ban

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.

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Steve Jobs yacht impounded over unpaid 3 million euro bill to designer Philippe Starck

Reuters reported today that the yacht Steve Jobs commissioned before his passing has been impounded in Amsterdam over a payment dispute with its designer, Phillippe Starck. Starck’s lawyers are apparently seeking an unpaid 3 million euros of the 9 million euro he was supposed to receive for his work:

The yacht was impounded on Wednesday evening, the lawyer said, and will remain in Amsterdam port pending payment by lawyers representing Jobs’ estate.

“The project has been going since 2007 and there had been a lot of detailed talk between Jobs and Starck,” Roelant Klaassen, a lawyer representing Ubik, said.

“These guys trusted each other, so there wasn’t a very detailed contract,” he said.

Associated Press said local Dutch newspaper Het Financieele Dagblad reported today that the boat, worth 105 million euro, will not leave the harbor it has been docked in since Dec. 8 until the dispute is resolved.

Report: Apple bumps Android from top spot in US smartphone market on strength of iPhone 5 sales

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On the strength of iPhone 5 sales, iOS has once again reached the top spot for smartphone market share in the United States, according to new data from Research firm Kantar Worldpanel Comtech (via Reuters). According to the report that tracked smartphone sales over the last 12 weeks ending Oct. 28, iOS now accounts for 48.1-percent of the U.S. smartphone market. That’s up 25 percent year-over-year, and it officially bumps Android into second place, but is still just shy of the record 49.3-percent it was able to capture earlier this year.

Android was down from 63.3-percent marketshare over the same 12-week period last year to just 46.7-percent today. As for the rest of the world, you can see from Kantar’s data for other countries in the chart below that Android still dominates in most other countries, including: 54.2-percent of the market in Britain, 81.7-percent of the market in Spain, and 73.9-percent in Germany.

Dominic Sunnebo, global consumer insight director at Kantar Worldpanel ComTech, comments: “The last time we saw iOS overtake Android in the US was when the iPhone 4S was released and Apple managed to retain its lead for three consecutive periods. This time we predict that Apple will beat its previous high of 49.3% and achieve its highest ever share of the US smartphone market within the next two periods.”

The report also provided some data on iPhone 5 sales, noting 62 percent came from existing Apple device owners upgrading. Apple also captured 13 percent of iPhone 5 sales from Android switchers:
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Desperate Chinese housewives on trial for iPad and iPhone-smuggling

The grey market for iPhones in China is no secret, with thousands of the devices smuggled from places like Hong Kong and the U.S. back into Mainland China for sale by scalpers. Today, Reuters reported that 26 suppliers of one of China’s largest online grey market iPhone dealers, Lanyou Shuma.com, are currently on trial in a Shenzhen court. According to local reports, many of the suppliers accused in the case are “described as housewives who frequently travel to Hong Kong.” Citing various local newspapers, Reuters said the housewives were usually paid 20 Yuan to 30 Yuan for each phone smuggled back to China, with 25 of the defendants accused of smuggling both iPads and iPhones:

On Wednesday, 26 suppliers of Lanyou Shuma.com were tried in a Shenzhen court as part of five rings that smuggled more than 162,000 mobile phones worth over 500 million yuan ($80 million) from Hong Kong over the past two years, the Beijing News said.

Half of the suspects are described as housewives who frequently travel to Hong Kong, according to another newspaper, the Southern Metropolis Daily, adding that they were paid 20 to 30 yuan in commission for each phone they brought back to the mainland

The Lanyou Shuma.com digital store, once one of the largest on China’s Taobao Marketplace, was forced to close in April by Taobao after Hong Kong authorities launched an investigation on possible smuggling of the iPhone 4S, the Beijing News said.

Foxconn chairman Terry Gou says company is ‘falling short’ of iPhone demand

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According to a report from Reuters, citing a statement from Foxconn Chairman Terry Gou, Apple’s assembler is having a hard time keeping up with iPhone 5 demand. Gou confirmed previous rumors that the company is indeed “falling short” of meeting supply for iPhones and its other unit, Foxconn International Holdings, is assisting with production:

“It’s not easy to make the iPhones. We are falling short of meeting the huge demand,” Foxconn Chairman Terry Gou told reporters after a business forum.

Following the launch of the iPhone 5, reports claimed employees at Foxconn’s Zhengzhou plant went on strike over quality control concerns and lack of training. The same quality control issues were linked to scratching found out of the box on some iPhone 5 units, but it’s unclear how much these setbacks have contributed to iPhone 5 delays. Another unnamed executive speaking to The Wall Street Journal last month said the iPhone 5 is “the most difficult device that Foxconn has ever assembled. To make it light and thin, the design is very complicated.”

To speed up production of new iPhones, specifically the production of display components, Reuters suggested Apple could provide cash incentives to Sharp, one of its keep suppliers that was thought to have contributed to initial low supplies. Following rumors yesterday that Apple might even be considering making further investments in the failing company, Asymco’s Horace Dediu (via Fortune) speculated today that a $2.3 billion discrepancy in Apple’s 2012 financials might have already went to Sharp:
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Report: EU authorities ready to accept Apple, publishers settlement in ebook price fixing investigation

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According to a new report from Reuters, EU authorities are about to accept a deal with Apple and four book publishers in order to end an antitrust investigation into whether Apple conspired with publishers to prevent Amazon from undercutting Apple’s ebook pricing. The companies originally proposed the settlement in late August, and it would see Amazon go back to its original ebook pricing for two years. By making the deal, Apple and the publishers will be able to put an end to the antirust investigation and avoid related fines:

Apple, Simon & Schuster, News Corp unit HarperCollins, Lagardere SCA’s Hachette Livre, and Verlagsgruppe Georg von Holtzbrinck, the owner of German company Macmillan, made the proposal to the European Commission in September…Pearson Plc’s Penguin group, which is also under investigation, did not take part in the offer.


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Google/Motorola says Apple’s patent claims thrown out ‘with prejudice’

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According to a report from Reuters, Google issued a statement that a Wisconsin federal court has decided to dismiss Apple’s “patent lawsuit with prejudice.” The report explained this particular case was brought on by Apple in part to determine what the courts considered fair and reasonable licensing terms for the patent portfolio Google acquired when purchasing Motorola.

Google said in a statement that it is still interested in making a deal with Apple “at a reasonable and non-discriminatory rate in line with industry standards”:

“We’re pleased that the court has dismissed Apple’s lawsuit with prejudice,” a Google spokeswoman said in an emailed statement on Monday…”Motorola has long offered licensing to our extensive patent portfolio at a reasonable and non-discriminatory rate in line with industry standards,” Google said in its statement. “We remain interested in reaching an agreement with Apple.”

Reuters explained the case being dismissed with prejudice means it is officially over at the trial court level. However, Apple can still appeal:
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US Immigration and Customs Agency switching 17,600 employees from BlackBerry to iPhone

Reuters reported today that the U.S. Immigration and Customs Enforcement agency is ending its contract with RIM and purchasing $2.1 million worth of iPhones for its 17,600 employees:

The agency said it has relied on RIM for eight years but that RIM’s technology “can no longer meet the mobile technology needs of the agency” 

The agency said the iPhone will be used by a “variety of agency personnel, including, but not limited to, Homeland Security Investigations, Enforcement and Removal Operations, and Office of the Principal Legal Advisor employees”.

“The iPhone services will allow these individuals to leverage reliable, mobile technology on a secure and manageable platform in furtherance of the agency’s mission,” ICE said in the document.

Apple loses appeal over tablets in UK courtroom, must publicly apologize to Samsung

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Apple and Samsung’s legal fight continued on the world stage this morning, where the Britain Court of Appeal upheld a previous ruling that Samsung’s Galaxy Tab does not infringe on the iPad’s patents because it is not “as cool.” Reuters reported that after losing the appeal this morning, Apple has been instructed by the court to apologize to Samsung by running ads on its website and in newspapers saying Samsung did not infringe on patents in at least Arial 14 font.

As we all know, other courts around the world have ruled otherwise. On the ruling, Samsung gave the boilerplate: “We continue to believe that Apple was not the first to design a tablet with a rectangular shape and rounded corners.” A California court ruled this summer that Samsung owes $1 billion to Apple. Additionally, some of Samsung’s devices could be in jeopardy from being on the market.

Today’s ruling in Europe prohibits any other legal course regarding tablets and the iPad specifically. While the Court of Appeal denied Apple’s appeal today, the company can still appeal with the Supreme Court. The global legal battle is far form over, as it continues in roughly a dozen countries, with more trials scheduled for 2014. 
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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.
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Apple launches alternative Maps app section in App Store

Apple is prominently spotlighting alternative solutions to the new Maps app on the App Store.

The promotion of third-party apps is in conjunction with CEO Tim Cook’s open letter from this morning that apologized to iOS customers for the company’s less-than-perfect Maps offering. Apple further detailed on its website today how to add Google and Nokia maps website icons to an iOS 6 device’s Home screen.

[tweet https://twitter.com/djmexi/status/251729875046645760]

In related news, Reuters created an infographic recently that illustrates a side-by-side comparison of the key features available on mobile map apps from Google and Apple’s iOS in 27 countries (as seen below):


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Non-functioning next-gen iPhone prototypes/fakes surface in Bangkok?

We brought you high-res shots of the black and white next-generation iPhone backs in May, and then we brought you a video hands-on with similar looking casings in June that surfaced online. Today, Neowin posted images it claims to be a “prototype finalized design casing” of the next-gen iPhone (not a functioning device) in the hands of an ex-staff member at MBK Center in Bangkok, Thailand. Present is the repositioned headphone jack, redesigned speaker grills, smaller dock connector, etc., from past leaks, but we have no way of confirming its authenticity. It is possible this is a really good knock-off based on our earlier leaks.

Apple vs. Samsung: Opening Statements in the (Patent) trial of the century

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Apple and Samsung appeared in a San Jose federal court today, where U.S. District Judge Lucy Koh presides, to give opening statements starting at 9 a.m. PST.

Apple filed the first suit in this monumental case in April 2011. The Cupertino, Calif.-based company claimed Samsung infringed its patents by “slavishly copying” its iPhone. Samsung, a South Korea-based Company, promptly countersued.

This is one of the important cases to go to trial among a slew of other litigations on smartphone patents. If Apple wins, Samsung could suffer a financial blow and the ability to sell its infringing products in a large market. If Apple loses, its “thermonuclear war” against Android smartphone manufacturers could essentially wither away as Samsung collects royalty fees.

This morning’s most notable highlights are below (continually updated).


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Apple makes as much profit on one iPhone as it does on two iPads

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A quick Reuters report on an unsealed document in the Apple-Samsung trial reveals that iPhones are much more of a profit driver for Apple than its iPads. To the tune of double (!) per unit.

Apple Inc earned gross margins of 49 to 58 percent for U.S. iPhone sales between April 2010 and the end of March 2012…Apple had gross margins of 23 to 32 percent on U.S. iPad sales, the filing said.

That means Apple makes as much money on one iPhone as it does on two iPads (considering they cost roughly the same amount).

Who likes phone subsidies? Apple likes phone subsidies!

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Report: Apple to sell 30-pin adapter for new iPhone’s smaller 19-pin dock connector

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According to a report from iMore’s Rene Ritchie, Apple plans to release an adapter alongside the new iPhone that will allow users to connect accessories using the old 30-pin dock connector to the device’s new 19-pin connector:

iMore reached out to the original sources that gave us the new Dock connector story way back in February just to make doubly sure — and yes, there will be an adapter for the iPhone 5’s smaller Dock connector that will let it work with many of the accessories designed for the old 30-pin Dock connector.

The report noted there is no word on whether Apple plans to include the adapter in the box with the new iPhone or make it a separate purchase. Earlier today, a report from Reuters backed up the rumors and earlier reports that Apple plans to include the smaller, 19-pin dock connector on the new iPhone expected to launch in October. iMore originally reported the new iPhone would include the smaller connector in February, and several reports since followed up with similar predictions.

In May, we posted images of the next-gen iPhone‘s metal back (above) that clearly show the smaller connector.


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‘iPhone 5’ is already for sale in China

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Those in China looking to get a head start on their Fall iPhone shopping are given the opportunity by sites like TaoBao, which, according to Reuters, (and the link we dug up) are already for sale.

Apple Inc’s next-generation iPhone has not even been released yet, but opportunistic sellers on China’s largest e-commerce platform, Taobao, are already accepting pre-orders, complete with mock-up pictures and purported technical specifications.

The hotly anticipated iPhone 5 is widely expected to be released sometime between August and October this year, although Apple itself has been tight-lipped about it. Sources have said the iPhone 5 would have a bigger screen than previous models, while Taiwanese media reported the phone’s voice recognition software, Siri, would have more powerful functions.

Buying Apple devices unseen shows what kind of confidence consumers have in the products that Apple makes. Would you put money down on Apple’s next iPhone without knowing anything about it?
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Congress considers forbidding sales bans related to essential patents

Reuters reported today that Congress is set to discuss whether companies that hold patents considered essential to an industry standard, “such as a digital movie format,” should be allowed to request bans on infringing devices. A hearing will take place this Wednesday with the Senate Judiciary Committee, and Federal Trade Commission officials are expected to testify:

“If they (smartphone makers) had taken the conservatively $15 to $20 billion dollars they’ve spent on this fight, imagine how much better a place the world would be,” said Lemley.

Apple threatened with closure of Italian operations over AppleCare antitrust investigation

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We have kept you updated on Apple’s warranty situation in Italy with the company forced to pay a $1.2 million fine imposed by Italian antitrust authorities after losing an appeal to the fine in March. Autorità Garante della Concorrenza e del Mercato claimed Apple mislead consumers by selling its one-year AppleCare warranties without properly informing its customers of a two-year warranty mandatory by European Union law. Today, Reuters reported Apple is facing further fines and “temporary closure of its operations in Italy” if it doe not make changes to its warranty policies:

Apple Inc was threatened with the temporary closure of its operations in Italy and with further fines of up to 300,000 euros ($377,500) if it does not offer customers a free two-year warranty as demanded by Italian law… The AGCM said in its monthly bulletin that Apple was continuing to adopt unfair commercial practices in Italy and noted this could eventually lead to the closure of its Italian operations for up to 30 days.

In March, reports claimed that authorities from up to 10 other countries in the EU were considering requesting Apple make similar changes to AppleCare.

Update: Apple commented on the matter:

“We have introduced a number of measures to address the Italian competition authority concerns and we disagree with their latest complaint.”


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Apple in court: Apple vs Motorola, Samsung wins damages, Kodak sues

There are several reports today on Apple’s ongoing court cases with Samsung and Motorola. First, we have the latest on the United States case between Apple and Google’s Motorola Mobility with Reuters reporting on a “crucial hearing” scheduled for today:

Federal Judge Richard Posner in Chicago will hear Apple argue why it should be able to seek an order barring the sale of some Motorola phones. Posner’s decision could affect the iPhone maker’s ability to negotiate favorable licensing agreements in its legal fights against Motorola and other competitors like Samsung Electronics Co Ltd… last week Posner granted Apple’s request for a hearing on a possible injunction, and ordered both sides to submit legal arguments in advance. Those documents were filed under seal on Monday.

The last time we reported on this Apple/Samsung Galaxy case in the U.S., Apple was forced to request a separate hearing for a ban on the Galaxy S III. A trial date for Apple’s previous injunction requests for the Galaxy line is set for July 30. In its patent disputes with the company in Europe, Reuters reported today that a Dutch court in The Hague ruled Apple would have to pay damages for violating a Samsung patent with pre-iPhone 4S devices:

A court in The Hague ruled Apple had violated a Samsung patent used in some of Apple’s phones and tablet computers to connect to the Internet, and said damages should be based on certain iPhone and iPad sales in the Netherlands… Damages should be based on Dutch sales figures since August 4, 2010, which the court said was the date when Apple could have known it was violating Samsung’s patent.

FossPatents weighed in:

…there’s no question that Apple is ready, willing and able to pay a FRAND royalty rate. It just didn’t want Samsung to win an injunction, or pay an excessive rate. Court documents say that Apple asked Samsung half a dozen times (!) to quote a FRAND rate before the 2.4% demand, which the court considered outrageous, was made… Considering the parameters and circumstances I just described, Samsung will be lucky to even recover its attorneys’ fees with this. The dispute will continue.

In other Apple court news, bankrupt Kodak is suing the company this week for wrongly claiming ownership of 10 patents and “interfering with plans to sell a large patent portfolio.” Reuters explained:

In a lawsuit filed on Monday in U.S. bankruptcy court in Manhattan, Kodak said Apple, the largest U.S. company by market value, wrongly claims to own 10 patents arising from work that the companies did together in the early 1990s… Kodak said Apple is the largest infringer of patents in that portfolio, and also a potential purchaser of those patents… “Apple’s strategy has been to use its substantial cash position to delay as long as possible the payment of royalties to Kodak” and interfere with the sale, Kodak said.

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Apple won’t stop June 21 Galaxy S III launch

When we checked in last Friday on the ongoing Apple vs. Samsung cases in the United States, Apple’s lawyers were threatening Samsung with a temporary restraining order on the Galaxy S III to stop sales of the device before its June 21 release date. Apple was hoping Judge Lucy Koh would add the Galaxy S III to existing preliminary injunction requests that Apple previously made on other Galaxy products. However, according to a report from Reuters, Judge Koh ruled this week that Apple’s requests would “overload her calendar” given a July 30 trial date in the previous Galaxy cases is already set.

Apple can still request a ban on the Galaxy S III with a separate hearing date, but it likely will not be able to do so in enough time to block the device from launching later this month:

U.S. District Judge Lucy Koh in San Jose, California, effectively dashed Apple’s hopes of stopping the launch of Samsung Electronics Co Ltd’s new Galaxy S III smartphone, which also runs on Android. Koh had said Apple’s push to get a court order blocking the June 21 launch would overload her calendar… Koh last week said Apple could ask for a temporary restraining order against the Galaxy S III phone, but that would likely delay the trial over a Galaxy tablet and other smartphones. In her order on Monday, the judge said Apple would have to request a new hearing date if it wanted to stop sales of the Galaxy S III phone. That likely would not take place before the phone’s scheduled launch. Apple has not said what its next move will be.

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New Samsung CEO has strong relationship with Apple

Samsung officially appointed a new CEO today to replace Choi Gee-Sung, who will now take up a position as head of corporate strategy overseeing Samsung Group’s roughly 80 companies. Choi, who was CEO for over three decades, will be replaced by Kwon Oh-hyun, who Reuters explained is currently head of Samsung’s components business and has deep relationships with Apple. Samsung made a statement claiming there will be no major changes in the way the company operates, because Kwon will continue to run the components business that  “became the sole supplier of the mobile processors” for iPhone and iPad under his leadership:

The South Korean group named Kwon Oh-hyun as its new CEO. Currently head of Samsung’s components business, which oversees chips and display, Kwon cemented Samsung’s position in memory chips, where it has almost 50 percent global market share, and expanded into non-memory, or logic chips, which now account for 40 percent of Samsung’s overall semiconductor revenue… Under Kwon, Samsung became the sole supplier of the mobile processors that power Apple’s iPhone and iPad – rival products to Samsung’s own Galaxy and Note. The 59-year-old former engineer, who studied electrical engineering at Seoul National University and Stanford, has also led a restructuring of Samsung’s LCD flat-screen business.

This article is cross-posted on 9to5Google.com

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