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Apple again files for U.S. Galaxy Tab injunction after winning appeal

post #1 of 58
Thread Starter 
Following a recently won appeal from the federal court, Apple on Friday filed a motion for injunction against Samsung's Galaxy Tab 10.1 which could see the tablet pulled from U.S. shelves as soon as early June.

The motion filed late Friday was based on a U.S. Court of Appeals for the Federal Circuit ruling that found Apple's iPad-related design patent was likely valid, overturning previous findings from a California court which originally barred the Cupertino-based company from seeking a preliminary injunction against the Samsung tablet, reports FOSS Patents' Florian Mueller.

Mueller notes that Apple's second injunction attempt is likely to succeed given that at least one circuit court judge feels such relief is justified and went as far as to issue a dissenting opinion, saying that merely vacating the California ruling was not enough.

"Circuit Judge Kathleen O'Malley argued that the CAFC should have reversed the decision in order to provided Apple with immediate injunctive relief in light of the irreparable harm it is suffering," Mueller writes. "But the majority of the judges saw 'no reason to believe that there will necessarily be delay, or if there is delay that it will be unjustifiable.'"

Apple is asking Judge Lucy Koh, who denied the first injunction as well as two others regarding smartphone patents, to rule on the matter without a hearing. The request is seen as reasonable as the court already heard arguments over the issue in October.

Judge Koh is unlikely to grant the motion for preliminary injunction during the settlement talks scheduled for May 21 to 22, thus Apple has given Samsung until May 25 to respond.

Samsung will likely ask for a hearing on the Galaxy Tab inunction if and when the talks fail, and Judge Koh may schedule it on the same June 7 date as a separate injunction case involving the Galaxy Nexus smartphone.

While an injunction may not be a devastating blow to the Korean electronics giant, it would signify a publicity win for Apple and force Samsung to redesign the tablet as it did in Germany with the Galaxy Tab 10.1N.
post #2 of 58
Quote:
Originally Posted by Tune View Post

Looks like the Apple bribes are working.
 

 

And it looks like the Samsung sexual favours aren't! ;-)

Pot is legal in North Korea.
That explains a considerable amount.

"The United States will respond proportionally at a place and time we choose..."
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Pot is legal in North Korea.
That explains a considerable amount.

"The United States will respond proportionally at a place and time we choose..."
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post #3 of 58

AppleInsider - Please stop displaying ads for Samsung in your RSS feed. It is really making me ill

Windows survivor - after a long, epic and painful struggle. Very long AAPL

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Windows survivor - after a long, epic and painful struggle. Very long AAPL

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post #4 of 58
Quote:
Originally Posted by Tune View Post

Looks like the Apple bribes are working.
 

 

They seem to be far more effective than Google who spend almost ten times as much on bribery lobbying.

Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
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Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
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post #5 of 58

This reinforces my belief that Judge Koh doesn't know what she is doing in this case, her last ruling seeming to have consisted of unintelligible gibberish, and apparently the appeals court thought it was too.

post #6 of 58
Koh won't issue an injunction. She'll find some other reason to deny it and Apple will have to appeal again. Maybe after she gets slapped down twice by the appeals court she might start using reason.

It's really pretty amazing - she's the judge who asked Samsung's attorney to tell her which device was which and the Samsung attorney wasn't able to do so. After that, how could you deny that the similarities were more than coincidental?
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post #7 of 58
Quote:
Originally Posted by Tune View Post

Looks like the Apple bribes are working.
 

What are you insinuating?  Details please.

Where are we on the curve? We'll know once it goes asymptotic!
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Where are we on the curve? We'll know once it goes asymptotic!
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post #8 of 58
Quote:
Originally Posted by jragosta View Post

Koh won't issue an injunction. She'll find some other reason to deny it and Apple will have to appeal again. Maybe after she gets slapped down twice by the appeals court she might start using reason.
It's really pretty amazing - she's the judge who asked Samsung's attorney to tell her which device was which and the Samsung attorney wasn't able to do so. After that, how could you deny that the similarities were more than coincidental?

The funny thing is that the iPad and the Tab have different aspect ratios and that should've been enough to tell them apart. Dumb ass lawyer didnt even know that
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
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"Few things are harder to put up with than the annoyance of a good example" Mark Twain
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post #9 of 58

I better go buy one now then while I still can!

post #10 of 58
Quote:
Originally Posted by Tune View Post
Looks like the Apple bribes are working.

 

Yep, you sure are trolling, there's no doubt about that. Two other trolls even agree with me.

post #11 of 58
Samsung didn't even try to change their interface to not be a copy of the iPad. How hard could it be to come up with an original design?
post #12 of 58
Quote:
Originally Posted by ifij775 View Post

Samsung didn't even try to change their interface to not be a copy of the iPad. How hard could it be to come up with an original design?

For starters I'd like to know what irrerarable harm has Apple suffered. I've never seen anything but iPads. Secondly Samsung already redesigned it, why not ship that version to the US and minimize any potential fines?
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
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"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
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post #13 of 58
Quote:
Originally Posted by dasanman69 View Post


For starters I'd like to know what irrerarable harm has Apple suffered. I've never seen anything but iPads. Secondly STamsung already redesigned it, why not ship that version to the US and minimize any potential fines?

Thirdly....does Samsung even care about this product anymore?

 

They already shipped the tab2 10.1 (funny they decided to make it a budget item now though, maybe saving the high specs for the note 10.1)

So i fail to see why they will care about a product which even they admitted was not selling anyway, and has already had a successor released.

 

I can only assume they are leaving it unchanged to piss off apple and have them spend time finding ways to get all 10 units off of shelves lol.gif

post #14 of 58
Samsung can keep the Galaxy Tab. I'm waiting for the Transformer Infinity or Huawei MediaPad 10 FHD next month anyways since I need a new tablet.
post #15 of 58
Quote:
Originally Posted by dasanman69 View Post

Quote:
Originally Posted by jragosta View Post

Koh won't issue an injunction. She'll find some other reason to deny it and Apple will have to appeal again. Maybe after she gets slapped down twice by the appeals court she might start using reason.
It's really pretty amazing - she's the judge who asked Samsung's attorney to tell her which device was which and the Samsung attorney wasn't able to do so. After that, how could you deny that the similarities were more than coincidental?

The funny thing is that the iPad and the Tab have different aspect ratios and that should've been enough to tell them apart. Dumb ass lawyer didnt even know that

 

Most people will be in with the lawyer on this one and not have a clue. Most non-tech people don't know what aspect ratio even is. Samsung copies Apple as does the rest of the world. Most people just try to use them as an example though and don't copy so blatantly. I really do hope Samsung gets a smack down. If nothing else, Apple stops using Samsung one component at a time until they are not an Apple supplier. Rule number one is to not piss off your biggest customer. You would think they would be more willing to make a deal and change their designs enough to appease Apple. The 10% smack down they got on the rumor for iPad RAM is just the beginning. 

post #16 of 58
Quote:
Originally Posted by Tallest Skil View Post

Quote:
Originally Posted by TBell View Post
She is Korean, what do you expect? 

 

Oh, hey now, those implications are uncalled for.

 

That she is South Korean means she should never have been presiding over a case involving a company based in her country of origin, but nothing else.

 

So you say it is uncalled for, but then say she should have recused herself? I wonder if it did ever come up that she should consider it. Either way, nothing better than bad rulings getting overturned to highlight her incompetence regardless of nationality. 

post #17 of 58
Quote:
Originally Posted by Tallest Skil View Post

 

Oh, hey now, those implications are uncalled for.

 

That she is South Korean means she should never have been presiding over a case involving a company based in her country of origin, but nothing else.

 

Should an American judge not be allowed to preside over a case involving an American company? Or is this just a foreign thing? Minority thing? And while Judge Koh is of Korean descent, I looked her up, and she was born in the United States. I think you can see why things like country of descent, sex, sexual orientation, etc. should never be a reason for recusal (as opposed to things like stock ownership).

 

Quote:
Originally Posted by jragosta View Post

Koh won't issue an injunction. She'll find some other reason to deny it and Apple will have to appeal again. Maybe after she gets slapped down twice by the appeals court she might start using reason.
It's really pretty amazing - she's the judge who asked Samsung's attorney to tell her which device was which and the Samsung attorney wasn't able to do so. After that, how could you deny that the similarities were more than coincidental?

 

It’s possible. I believe she characterized the device as “virtually identical” (the quote is in the Federal Circuit opinion). I assumed she would grant the P.I. on remand, but another poster pointed out that she may reevaluate likelihood of infringement because her view of the patent scope was too broad, which let the prior art in and led to her vacated obviousness conclusion. The narrower scope makes it harder to be invalidated but also harder to be infringed.
post #18 of 58
Quote:
Originally Posted by Phone-UI-Guy View Post

Most people will be in with the lawyer on this one and not have a clue. Most non-tech people don't know what aspect ratio even is. Samsung copies Apple as does the rest of the world. Most people just try to use them as an example though and don't copy so blatantly. I really do hope Samsung gets a smack down. If nothing else, Apple stops using Samsung one component at a time until they are not an Apple supplier. Rule number one is to not piss off your biggest customer. You would think they would be more willing to make a deal and change their designs enough to appease Apple. The 10% smack down they got on the rumor for iPad RAM is just the beginning. 

I get what you're saying and agree, but the lawyer isn't most people, he's getting paid handsomely to defend his clients product. Him of all people should've been an expert in picking out his clients product.
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
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"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
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post #19 of 58
Quote:
Originally Posted by Red Oak View Post

 
AppleInsider - Please stop displaying ads for Samsung in your RSS feed. It is really making me ill

I've always thought that competitive ads on an Apple-centric board were odd.

 

 

On another subject: I saw a BlackBerry ad recently. I felt like I had seen the first robin of Spring. Well, technically it wasn't a Blackberry ad as much as it was an AT&T ad, but still...

 

It only takes 12 Popsicle Pete wrappers to get a free BB phone now. They throw it in with the free decoder ring.

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post #20 of 58

Deleted by poster.

post #21 of 58

So no American lawyers can represent Apple? You mental processes seriously need to be recalibrated

post #22 of 58

@Tallest Skil

 

NO TIES TO EITHER COUNTRY? So we need to import barristers from England to represent Apple and Samsung? You seem to be spouting racist comments and .... your comments are simply stoopid as well.

post #23 of 58
Quote:
Originally Posted by GTR View Post

 

And it looks like the Samsung sexual favours aren't! ;-)

eeewwww....

When I looked up "Ninjas" in Thesaurus.com, it said "Ninja's can't be found" Well played Ninjas, well played.
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When I looked up "Ninjas" in Thesaurus.com, it said "Ninja's can't be found" Well played Ninjas, well played.
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post #24 of 58
Quote:
Originally Posted by Tune View Post

Looks like the Apple bribes are working.
 

Like the ones Google offers up tenfold?

post #25 of 58
Quote:
Originally Posted by Law Talkin' Guy View Post

 

I think you can see why things like country of descent, sex, sexual orientation, etc. should never be a reason for recusal (as opposed to things like stock ownership).

Saying those should never be ground for recusal is not very objective. Humans have biases, even judges.

post #26 of 58
Quote:
Originally Posted by lamewing View Post

@Tallest Skil

 

NO TIES TO EITHER COUNTRY? So we need to import barristers from England to represent Apple and Samsung? You seem to be spouting racist comments and .... your comments are simply stoopid as well.

Leave it to some lefties to take a comment out of context, exaggerate it beyond recognition, and pull on the emo heart strings to both try and fail to make a point. It is certainly okay to question whether she may be biased, just as much as it is okay to assume that she isn't.

post #27 of 58
Quote:
Originally Posted by Relic View Post

eeewwww....

Did you get your royalty check from Samsung yet?

post #28 of 58
Quote:
Originally Posted by Slang4Art View Post

Did you get your royalty check from Samsung yet?

No not yet, willing to share some of yours from Apple.

When I looked up "Ninjas" in Thesaurus.com, it said "Ninja's can't be found" Well played Ninjas, well played.
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When I looked up "Ninjas" in Thesaurus.com, it said "Ninja's can't be found" Well played Ninjas, well played.
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post #29 of 58
Quote:
Originally Posted by Tallest Skil View Post


Apple even beats Samsung in paid-off forum users, getting their checks out faster… lol.gif

Also, those checks from Samsung are going to take longer now that they took that 10 billion dollar hit for pissing off Apple. That's a long time to wait just to play racquetball since that's all a check from Samsung will be good for after it eventually arrives... if it ever does.

It's like Apple has Samsung in a chokehold and is asking it "why are you hitting yourself?"
post #30 of 58

Cool story bro, tell it again.
 

post #31 of 58
Quote:
Originally Posted by Tallest Skil View Post

If it's a case like this between companies based in different countries, the judge shouldn't have any ties to either country. There're other conditions, of course.

To be fair, there's no evidence that Koh has any ties to Korea other than her heritage. That is not grounds for recusal. Even if she did have ties to Korea, it's irrelevant. As long as she had no ties to Samsung, she would be OK hearing the case.

She just produced some bone-headed decisions without having an apparent bias.
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post #32 of 58
Quote:
Originally Posted by Tallest Skil View Post

 

I fail to see how what I've said is racist at all. I also fail to see how, in an international dispute, finding a judge with a stake in neither country to arbitrate is difficult or unnecessary.

 

I believe the replies are pointed at the fact that you assumed that because she is an American of Korean descent she's somehow biased towards that country. Which perhaps isn't racists but it is still wrong. And if Apple believed your opinion to be correct they would just use the fact that she didn't recuse herself when she should have as a reason to grant an appeal etc

A non tech's thoughts on Apple stuff 

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A non tech's thoughts on Apple stuff 

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post #33 of 58
Quote:
Originally Posted by Tallest Skil View Post

 

I actually didn't know she was an American of Korean descent.

 

I don't think she should be doing this were she an American OR a Korean, but that's me. People say "stake in the company", but when Samsung matters as much as it does to South Korea and when Apple matters as much as it does to the US, there's stake whether or not the person in question holds shares or what have you.

Bigot.

post #34 of 58
Quote:
Originally Posted by TBell View Post

 

 

She is Korean, what do you expect? 

So you're a racist and a troll? 

post #35 of 58
Quote:
Originally Posted by fredaroony View Post

So you're a racist and a troll? 

Korea is a race?

I thought is was a country?

post #36 of 58
Quote:
Originally Posted by dasanman69 View Post


The funny thing is that the iPad and the Tab have different aspect ratios and that should've been enough to tell them apart. Dumb ass lawyer didnt even know that

 

When it's a trade dress issue (and it is), the aspect ratio is completely irrelevant.  

So ... since you didn't know that, you might want to scale back on calling people dumb-asses. 

post #37 of 58

Re: the racist remarks ...

 

I've reported both offenders and encourage others to do the same.

Click the little flag, it's easy. 

post #38 of 58
Quote:
Originally Posted by Chris_CA View Post

Korea is a race?

I thought is was a country?

 

When someone makes a racist remark, you don't do anyone any favours trying to make a stupid joke about it.  

It's a serious thing.  You're not "lightening things up" or anything similar, you're making it worse. 

post #39 of 58
Quote:
Originally Posted by Tallest Skil View Post

 

If it's a case like this between companies based in different countries, the judge shouldn't have any ties to either country. 

 

1. who won't be a trained expert in US law

 

2. pointless since there is a thing called appeals. If you don't like the ruling and you think it is due to some kind of bias, you appeal and it goes to another, higher level, judge who rules on the issue of bias etc. 

A non tech's thoughts on Apple stuff 

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A non tech's thoughts on Apple stuff 

(She's family so I'm a little biased)

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post #40 of 58
Quote:
Originally Posted by Gazoobee View Post

 

When it's a trade dress issue (and it is), the aspect ratio is completely irrelevant.  

 

Maybe, maybe not. Trade dress is based on a patent. was aspect ratio included in that patent. If it was and it was specifically the 4:3 that Apple uses then aspect ratio is relevant although only one of several issues. 

 

If a specific aspect ratio wasn't included then yes it is likely an irrelevant detail since Apple probably worded the patent such that they would have the ability to change the ratio of their own devices and they would still be covered by the patent. 

 

As for the dumb ass lawyer comment, it is valid. As the lawyer for one of the parties he/she should know the product enough to know that his/her client's would be longer etc due to the different aspect ratio and have been able to pick it out based on that. 

A non tech's thoughts on Apple stuff 

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A non tech's thoughts on Apple stuff 

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