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Judge vacates and denies Samsung's motion to dissolve U.S. Galaxy Tab ban

post #1 of 37
Thread Starter 
Judge Lucy Koh on Monday filed an order denying Samsung's motion to dissolve Apple's sales ban against the Galaxy Tab 10.1, and in doing so vacated the Sept. 20 hearing at which both parties were scheduled to discuss the matter.

After the watershed Apple v. Samsung ruling in August, which found Samsung in violation of six Apple patents, the parties filed post-trial motions appealing some of the jury's decisions. Among the first was Samsung's motion to dissolve a previous U.S. injunction against the Galaxy Tab 10.1, asserting the sales ban should be lifted as the device was found not in infringement of Apple's D'889 iPad design patent, the basis of the injunction.

In the order, Judge Koh noted that the standing injunction cannot be dissolved by the Court as the sales ban is currently being under appeal with the Court of Appeals for the Federal Circuit. The judge did rule, however, that "under all circumstances, Samsung?s motion raises a substantial issue, and the Court therefore issues such an indicative ruling."

Galaxy Tab 10.1
Samsung's Galaxy Tab 10.1. | Source: Samsung


While Monday's ruling keeps the injunction in place for the moment, there is a possibility that Judge Koh may ultimately have to pass judgment on the issue depending on the appeals court's decision.

Apple and Samsung are slated to meet again in December to argue further injunctions and damages resulting from Apple's landmark win, among other post-trial issues.

post #2 of 37
BOOM! goes the dynamite...
post #3 of 37

Poor poor sammy.  Looks like sammy will have to admit they are wrong.  Oh wait they can't.  Its not in their DNA.  LOL.

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post #4 of 37
The good news just keeps coming!
post #5 of 37
We are about to find out if Samsung has the ability to innovate to stay in business. But coming from a their society that makes money off of copying other companies products, I doubt it. I think eventually they will pull out of the US and make their money somewhere else.
post #6 of 37
Quote:
Originally Posted by bdkennedy View Post

I think eventually they will pull out of the US and make their money somewhere else.

 

Yeah, that's likely to happen.

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post #7 of 37
Quote:
Originally Posted by bdkennedy View Post

We are about to find out if Samsung has the ability to innovate to stay in business. But coming from a their society that makes money off of copying other companies products, I doubt it. I think eventually they will pull out of the US and make their money somewhere else.

 

I doubt they will abandon the U.S. market, it's too tempting. However, what ever they do, and where ever they go, Apple will be there playing whack-a-mole...

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post #8 of 37
Samsung has even duplicated the exact dimensions of the corner radii.
post #9 of 37
Is this why I've been seeing the new Samsung tablet commercials now?
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post #10 of 37
Quote:
Originally Posted by AnalogJack View Post

Samsung has even duplicated the exact dimensions of the corner radii.

 

 

 

Edit: The original iPad seems to be more rounded.


Edited by Youarewrong - 9/18/12 at 1:02am
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post #11 of 37
Quote:
Originally Posted by bdkennedy View Post

We are about to find out if Samsung has the ability to innovate to stay in business. But coming from a their society that makes money off of copying other companies products, I doubt it. I think eventually they will pull out of the US and make their money somewhere else.

 

I think it has more to do with Apple's home court advantage, American's nationalism, and racism than innovation. I'll believe Apple is innovating when Apple designs its own A* chips without Samsung's help.

 

Remember, Samsung is a $160+B company; not in market value, but in sales.  Unfortunately Apple isn't the only US client - AT&T, Verizon, HP, Dell are also among Samsung's top clients.


Edited by tooltalk - 9/18/12 at 1:20am
post #12 of 37

Seriously what would samsung have had to do for you have considered them copying ...what is it that they did not copy ?

post #13 of 37
Quote:
Originally Posted by sflocal View Post

The good news just keeps coming!

 

Well, I guess then Apple's injunction request will likewise be denied since the case will certainly be under appeal with Court of Appeals for the Federal Circuit?

 

Or maybe not.  Considering Koh's lopsided rulings against Samsung last time around, I predict that Apple's injunction will be granted.

post #14 of 37
Quote:
Originally Posted by tooltalk View Post

Well, I guess then Apple's injunction request will likewise be denied since the case will certainly be under appeal with Court of Appeals for the Federal Circuit?

Or maybe not.  Considering Koh's lopsided rulings against Samsung last time around, I predict that Apple's injunction will be granted.

As long as it pisses you off, I'll be satisfied.

The past few weeks haven't been kind to the Apple-hating camp, have they?

;-)
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post #15 of 37
Quote:
Originally Posted by tcasey View Post

Seriously what would samsung have had to do for you have considered them copying

 

Stuff like S-Voice. Seriously, it's even worse than Siri. At least they haven't removed Google Now from their 4.1 ROMs.

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post #16 of 37
Quote:
Originally Posted by GTR View Post


As long as it pisses you off, I'll be satisfied.
The past few weeks haven't been kind to the Apple-hating camp, have they?
;-)

 

Why?  I'm a Apple investor and making a lot of money off this shenanigan.  I predict that this will go on for a while.  I'm not selling my shares anytime soon.  I win either way.

 

try harder.


Edited by tooltalk - 9/18/12 at 1:27am
post #17 of 37
Quote:
Originally Posted by tooltalk View Post

 

I think it has more to do with Apple's home court advantage, American's nationalism, and racism than innovation. I'll believe Apple is innovating when Apple designs its own A* chips without Samsung's help.

 

Remember, Samsung is a $160+B company; not in market value, but in sales.  Unfortunately Apple isn't the only US client - AT&T, Verizon, HP, Dell are also among Samsung's top clients.


Please show me link stating that Samsung has anything to do with designing Apple's A chips.

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post #18 of 37
Quote:
Originally Posted by tooltalk View Post

 

I think it has more to do with Apple's home court advantage, American's nationalism, and racism than innovation. I'll believe Apple is innovating when Apple designs its own A* chips without Samsung's help.

 

Remember, Samsung is a $160+B company; not in market value, but in sales.  Unfortunately Apple isn't the only US client - AT&T, Verizon, HP, Dell are also among Samsung's top clients.

they already design their chips, kid. and they are much better engineered. ofcourse sammy has to manufacture them.

post #19 of 37
Quote:
Originally Posted by tooltalk View Post

 

Well, I guess then Apple's injunction request will likewise be denied since the case will certainly be under appeal with Court of Appeals for the Federal Circuit?

 

Or maybe not.  Considering Koh's lopsided rulings against Samsung last time around, I predict that Apple's injunction will be granted.

no you are not, you are a troll. end of it. and i have proof.

post #20 of 37
well, the result is sure that apple still wins because it is held in american soil. they take advantage of all situations with patriotism. but it won't be easy out of country because law
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post #21 of 37
Quote:
Originally Posted by pedromartins View Post

they already design their chips, kid. and they are much better engineered. ofcourse sammy has to manufacture them.

 

Actually, no.  A4 was more or less all based on Samsung's hummingbird design.  Apple later acquired Intrinsity, Samsung's partner who helped improve Hummingbird's performance, in 2010 to build its own in-house development team.

 

dunno anything about A6 since iPhone 5 is not out yet.  I think everyone is speculating at this point, but there was an AI article stating that A6 could be Apple's FIRST custom design.


Edited by tooltalk - 9/18/12 at 2:35am
post #22 of 37
Quote:
Originally Posted by tooltalk View Post

 

I think it has more to do with Apple's home court advantage, American's nationalism, and racism than innovation. I'll believe Apple is innovating when Apple designs its own A* chips without Samsung's help.

 

Remember, Samsung is a $160+B company; not in market value, but in sales.  Unfortunately Apple isn't the only US client - AT&T, Verizon, HP, Dell are also among Samsung's top clients.


America is a melting pot of people from all the nations of the world.  Sure there are pockets of racism throughout the country, but I think you'd be hard pressed to find a random sampling of people who are ultra nationalist or racist against South Koreans as you claim.  Do you have any evidence to support your claim?  You do know that Apple also won a case for the rubber banding patent in Germany last week (which was part of the California trial against Samsung).  It isn't just Americans that see the obvious infringement.

 

Also as someone else above mentioned Apple didn't get any help from Samsung to design it's A* chips.  Samsung merely produces them just like Foxconn puts the iPhone's together.  By your logic the guy who screws the exact same bolt into cars every day on the Ford factory line helped design the car...nonsense. 


Edited by GregInPrague - 9/18/12 at 3:15am
post #23 of 37

riginally Posted by tooltalk View Post



 

"...I think it has more to do with Apple's home court advantage, American's nationalism, and racism than innovation. I'll believe Apple is innovating when Apple designs its own A* chips without Samsung's help..."

 

"...I'll believe Apple is innovating..."???????

 

This kind of challenge to Apple could ONLY come from a purely emotional response from someone who must really really scrape the bottom of the bucket for things to throw out at Apple.

 

Always amazes me that people have time and such a deep commitment to blast Apple.  It'd be like some guy running into a car dealer and announcing, daily, how much the cars in this showroom suck, then, pleased he has contributed to the car culture, walk out with a smirk on his face. What's the point? Maybe he's a very lonely man with a different brand of car, or just likes to get attention and seems to get it daily. Still........?

post #24 of 37
Apple did invent their own A* with the A6 in the iphone 5.

Any other points you want to make?
post #25 of 37
It looks like this is more of a procedural issue. Likely the injunction will be lifted, but the Appellate court is going to have to kick the issue back down to the District court.
post #26 of 37
Quote:
Originally Posted by tylerk36 View Post

Poor poor sammy.  Looks like sammy will have to admit they are wrong.  Oh wait they can't.  Its not in their DNA.  LOL.

This misses the entire issue involved.

Samsung is right on this issue. Since the jury did not find the Tab to be infringing on Apple's design or utility patents, Samsung has every right to have the injunction dissolved and Koh's ruling is purely procedural.

However, while Rule 50 motions are uncommon, this looks like a prime example where one could be issued (essentially, the judge overruling the jury's decision wrt the Tab) and find that the Tab does infringe. The problem with the court's timing is that she had to rule on lifting the injunction before she was to rule on the Rule 50 motion, which didn't make any sense. This procedural decision settles that conflict quite nicely.
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post #27 of 37
Quote:
Originally Posted by GTR View Post

As long as it pisses you off, I'll be satisfied.
The past few weeks haven't been kind to the Apple-hating camp, have they?
;-)

'Not kind'?!

You're too kind.
post #28 of 37
Quote:
Originally Posted by tooltalk View Post

 

I think it has more to do with Apple's home court advantage, American's nationalism, and racism than innovation. I'll believe Apple is innovating when Apple designs its own A* chips without Samsung's help.

 

Remember, Samsung is a $160+B company; not in market value, but in sales.  Unfortunately Apple isn't the only US client - AT&T, Verizon, HP, Dell are also among Samsung's top clients.

 

Really? This is your best argument? How pathetic and racist within itself. One has to wonder why someone with a feeble emotional demeanour comes to an Apple blog to troll. Small penis? Low self esteem? Both? Whatever insecurities you come here with, one thing is clear. Apple, and those with real taste don't give a fat rats about you or your barrel scraping. It's clear your intelligence isn't quite up to scratch, so best bone up on your facts, or be prepared to be shot down in a hot flaming ball of crap.

 

FYI, Apple, WERE samsucks biggest customer. Another bad business decision. Karma really is a bitch.

post #29 of 37
Quote:
Originally Posted by tooltalk View Post

 

Well, I guess then Apple's injunction request will likewise be denied since the case will certainly be under appeal with Court of Appeals for the Federal Circuit?

 

Or maybe not.  Considering Koh's lopsided rulings against Samsung last time around, I predict that Apple's injunction will be granted.

Ridiculous! The court's ruling was simply based on the Federal Rules of Civil Procedure. This court simply does not have the jurisdiction to reverse an injunction issued by a separate court. Because both the jury verdict in this case, and the injunction issued in the other court are both either on appeal or in this court's case haven't even been entered (only the jury has come back with a decision -- the judge still has other issues in this case to resolve, such as judgment notwithstanding the verdict on some issues, the issues of damages, the issues of punitive damages -- etc). As the judge noted, the case before her is not yet "final" and cannot be appealed yet (except for what is called interlocutory appeals -- which are not applicable in this time in the proceedings). 

 

Please, no more comments from you. Too ignorant.

post #30 of 37

deleted


Edited by MacRulez - 1/21/13 at 3:08pm
post #31 of 37
Quote:
Originally Posted by bdkennedy View Post

I think eventually they will pull out of the US and make their money somewhere else.

 

 

LOL. The US is Samsung's most profitable market. 

post #32 of 37

deleted


Edited by MacRulez - 1/21/13 at 3:08pm
post #33 of 37
Quote:
Originally Posted by MacRulez View Post


Indeed it is, with just one of Samsung's many models, the Galaxy SIII, outselling the iPhone, according to AI earlier this month:

http://appleinsider.com/articles/12/09/04/galaxy_s_iii_passes_apples_iphone_4s_becomes_top_selling_us_smartphone.html

Give up already, with dredging up these stupid consultant-based numbers and stories (incl. those published in AI).

 

You don't have a clue, since Samsung, unlike Apple, puts out no numbers. (They are loath to reveal such numbers because it allows them to lie, and I am sure the truth is nowhere near these silly estimates).

 

Move along.

post #34 of 37

deleted


Edited by MacRulez - 1/21/13 at 3:08pm
post #35 of 37
Quote:
Originally Posted by tooltalk View Post

Why?  I'm a Apple investor and making a lot of money off this shenanigan.  I predict that this will go on for a while.  I'm not selling my shares anytime soon.  I win either way.

try harder.

...uh "Da Harder" ....dat du?

Fitting new name ya got there ... ya know what they say in these parts, "If it talks like a tool... it probably is one".
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post #36 of 37
Quote:
Originally Posted by MacRulez View Post


If you feel AI's reporting is of such low quality that one should "move on", why are you still here?

 

And let's suppose that AI is as much of a dismal failure as you suggest.  That's a single phone.  Samgsung makes many models of phone addressing a wide range of tastes, in contrast to Apple's one-size-fits-all mandate.

 

Do you honestly believe Samsung sells fewer smartphones in the US than Apple?

 

The point of the post I was replying to was simply that the US market is indeed very relevant for sales of the non-infringing Tab.

That one size fits all his very successful and has caused Apple to have streamlined manufacturing process and efficient operating costs with a phone that is in TOP 3 smartphones in USA. I am talking about the model, not Samsung total sales figures, since let's look at Nokia and use them as example of quantity does not always mean quality, that went wrong.

post #37 of 37
Quote:
Originally Posted by Kr00 View Post

 

Really? This is your best argument? How pathetic and racist within itself. One has to wonder why someone with a feeble emotional demeanour comes to an Apple blog to troll. Small penis? Low self esteem? Both? Whatever insecurities you come here with, one thing is clear. Apple, and those with real taste don't give a fat rats about you or your barrel scraping. It's clear your intelligence isn't quite up to scratch, so best bone up on your facts, or be prepared to be shot down in a hot flaming ball of crap.

 

FYI, Apple, WERE samsucks biggest customer. Another bad business decision. Karma really is a bitch.

 

Congratulation!  Your first comment!  LOL!!

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