Originally Posted by jragosta
So? Are you claiming that something covered by a design patent isn't a patented device? The fact is that the device was patented - regardless of whether it was a design or utility patent. And, as I explained several weeks ago, the way Koh rejected the injunction the first time made it impossible for her to ignore the appeals court ruling and she had to allow the injunction this time.
You're really strange.
And your claim is still really wrong. Don't let it bother you so much. We all get things confused once in awhile, even you. :)
The injunction was granted for a specific design patent that Judge Koh ruled likely infringed by a specific device, the Galaxy Tab 10.1. It doesn't extend to any other devices, it cannot without a new action, nor does it involve any patented technology like you claimed. Feel free to offer citations if you don't agree with that.
Also FWIW, only one judge out of the three on the Appeals Court panel felt an immediate injunction was appropriate. The remand on the the Galaxy Tab (not the included smartphone claims) was for reconsideration of one specific point, that the Fiddler tablet served as prior art for Apple's design patent claim. It was not an order by the Appeals Court to grant an injunction, instead finding that using the Fiddler example as a reason to deny based on the likelihood of patent invalidity was incorrect. It was Judge Koh's decision alone to move so quickly granting the injunction that Apple requested.
But that now increases the opportunity for the injunction to be stayed on appeal (according to FOSSPatents) since she denied Samsung's request to present new evidence that had been offered in the interim before the quick decision was made. Way too many twists and turns for anyone to claim game over yet.
If you'd like to read the single basis for the remand on the Galaxy Tab (page 28 if you're impatient), as well as the affirmation of Judge Koh's reasons for denial of a preliminary injunction for any of the utility patent claims, the link is here.
Edited by Gatorguy - 6/27/12 at 2:32pm