Apple told to wait on injunction request against Samsung
A U.S. judge has struck down an Apple request for an injunction against Samsung's Galaxy Tab 10.1, telling the company to wait until an appellate court has issued a formal ruling on the issue first.
Judge Lucy Koh denied on Monday Apple's resurrected request for the sales ban because she wanted to wait until the United States Court of Appeals for the Federal Circuit had formally filed their ruling. Koh shot down Apple's request for an injunction last year, but the company appealed the decision.
The CAFC sided partly with Apple last month in allowing it to pursue an injunction against the Galaxy Tab 10.1. The court did, however, block Apple from reactivating its injunction request against several models of Samsung's smartphones.
Four days after the CAFC's findings, Apple refiled its motion for an injunction against the Galaxy Tab.
Since the CAFC has yet to issue a "formal mandate" of its findings, Koh ruled on Monday that Apple must wait until the ruling arrives before refiling its motion, FOSS Patents reports. She cited the possibility that the court could "rehear the matter, alter or amend the opinion or otherwise change the scope of issues that must be addressed on remand," adding that any injunction she granted now "would create confusion."
For its part, Apple had cited precedent from 1951 where a ban was issued ahead of a formal mandate in order to get misbranded drugs off the market. The company was apparently unsuccessful in convincing the court that the Galaxy Tab 10.1 situation is as urgent as the earlier case.
Though the delay could be seen as a minor setback for Apple, the report noted that "things could now fall into place very quickly" once the CAFC mandate arrives, assuming that it is in line with the court's already stated position.
The legal disagreement between Apple and Samsung began last year and has grown into a battle that is being waged across 10 countries. The CEOs from the two companies met late last month to try and reach a settlement, but they were unable to agree on the terms.
Judge Lucy Koh denied on Monday Apple's resurrected request for the sales ban because she wanted to wait until the United States Court of Appeals for the Federal Circuit had formally filed their ruling. Koh shot down Apple's request for an injunction last year, but the company appealed the decision.
The CAFC sided partly with Apple last month in allowing it to pursue an injunction against the Galaxy Tab 10.1. The court did, however, block Apple from reactivating its injunction request against several models of Samsung's smartphones.
Four days after the CAFC's findings, Apple refiled its motion for an injunction against the Galaxy Tab.
Since the CAFC has yet to issue a "formal mandate" of its findings, Koh ruled on Monday that Apple must wait until the ruling arrives before refiling its motion, FOSS Patents reports. She cited the possibility that the court could "rehear the matter, alter or amend the opinion or otherwise change the scope of issues that must be addressed on remand," adding that any injunction she granted now "would create confusion."
For its part, Apple had cited precedent from 1951 where a ban was issued ahead of a formal mandate in order to get misbranded drugs off the market. The company was apparently unsuccessful in convincing the court that the Galaxy Tab 10.1 situation is as urgent as the earlier case.
Though the delay could be seen as a minor setback for Apple, the report noted that "things could now fall into place very quickly" once the CAFC mandate arrives, assuming that it is in line with the court's already stated position.
The legal disagreement between Apple and Samsung began last year and has grown into a battle that is being waged across 10 countries. The CEOs from the two companies met late last month to try and reach a settlement, but they were unable to agree on the terms.
Comments
I wonder how many belts the legal team have bought over the whole process of supporting Apple. I bet the legal team has gained allot of weight. What do say. Lets weigh them all together and then see how many of them can actually wipe their Ass.
Of course this whole comment is off topic. Insert your comment
-NOW!.
this shouldn't be a surprise to anyone as the judge is of korean descent.
I wonder if that would be legally classed as contempt of court? Hopefully the MIB will be visiting you soon..
Even if not, an excellent example of bigotry :-(
Quote:
Originally Posted by Ray Bart
What Apple will do is buy Facebook. Tim Cook would move to COO and Mark Z would focus on products as the 21 st century heir to Steve Jobs. Together Apple-Facebook will be unbeatable. Mark Z is the new Steve Jobs ( whether starting in a garage or dorm room). Apple know this as Tim Cook is not a creative person - he is a dour, intelligent businessman. Apple need more than Ive who is full of self importance and cant do what Mark Z can.
You're either fully delusional or joking.
In a way this ruling makes sense. It's just a prelim level ban at this point since the appeals court has the ball on the ruling and it could still go either way. It's not a life or death situation like the RX drugs were. It's not a business killing decision for Apple. If they win in the end they can demand to see numbers and base the damages on that. So by letting the device stay in the market they increase the potential units for that judgement. Or not since it doesn't really seem like any of the Samsung units are selling like gangbusters and those that do have a good shot of being returned.
The sad thing is ... I really don't think he's joking!
Quote:
Originally Posted by fz750
I wonder if that would be legally classed as contempt of court? Hopefully the MIB will be visiting you soon..
Even if not, an excellent example of bigotry :-(
This was in response to a comment which has since been deleted
Please ignore...
Quote:
Originally Posted by Ray Bart
According to Isaccson there is one last innovation from Jobs - AppleTV and that's it.
Of which we know.
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Apple know they need a stay hungry-stay foolish type of guy: Mark Z.
Okay, so why would they turn to him? He's not. By any stretch of the imagination.
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This is why Apple will buy Facebook in the medium term. Apple needs to in order to keep competitors such as Samsung at bay.
Sociopath networking is a fleeting fad. Like bell-bottoms, AOL, and AngelFire. Samsung has absolutely nothing like what Facebook is, no matter what you're looking at. I'm curious as to the motives behind what you're claiming and interested in what you're confusing of Samsung's that matches Facebook.
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This is exactly what Tim Cook is actually hinting at when indicating recently that Apple will work more closely with Facebook.
Sounds far more like they're simply affording it the same integration as they did Twitter.
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Mark Z is the 21st century heir to Jobs…
Zuckerberg is a hack.
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…while Ive will continue to inflate his self importance (the guy just received a knighthood from his beloved Queen in dark dreary Britain)
As "British" is not a race, you can't be penalized for racism here, but your delusion has revealed itself fully.
First, Jonathan Ive has never come across as "self-important", nor have I read that about him in any regard.
Second, Knighthood is not something you petition for. I know nothing of their monarchy, but you're not just knighted because you want it.
Third, humble people can also become knights.
Why'd you have to go and ruin it like that? This was funny up until that end part.
Yep. I'm still putting my money on delusional.
http://www.businessinsider.com/facebook-shares-apple-acquisition-2012-6
Re: knighthood. Does Ive really think he would have got it if it wasn't for Jobs and Apple. The guy would be in some backwater of dark dreary England making toasters and someone else would have made great things at Apple. Ive is full of self importance in that British sort of way .
http://www.businessinsider.com/facebook-shares-apple-acquisition-2012-6
Quote:
Originally Posted by Ray Bart
Stop calling me crazy for having an informed view. My post is not about Samsung as such and is about Apple.
Your definition of 'informed' differs from most I've seen. And your post was about Samsung when you made it about Samsung. Are you saying your comparison is irrelevant? Then what becomes the purpose of buying Facebook?
Quote:
Re: knighthood. Does Ive really think he would have got it if it wasn't for Jobs and Apple. The guy would be in some backwater of dark dreary England making toasters and someone else would have made great things at Apple. Ive is full of self importance in that British sort of way .
You really need to stop.
As for Ive well maybe he is not that self important but Mark Z seems much more humble. Good luck to Ive with his knighthood, personally I'd feel that others in the industry would deserve such awards more.
Quote:
Originally Posted by Ray Bart
There is great sense in Apple buying Facebook and letting Mark Z be the creative genius that he is as the heir to Jobs.
There's not a lick of sense there.
Mark Z to continue the tradition of Steve Jobs.