Hasta La Gadget!

In another face of the ever turning world of patent battles, Reuters reports Microsoft has snagged a victory over Motorola as the 9th US Circuit Court of Appeals ruled in its favor today. Motorola had obtained an injunction in Germany against Microsoft products — including the Xbox 360 and Windows 7 — based on its h.264 patents back in May, but today the court upheld a previous decision putting enforcement on hold because of Microsoft’s existing lawsuit against Moto for breach of contract. Microsoft’s push to leverage its patents into licensing payouts from manufacturers of Android devices have seen the two at each other’s throats since at least 2010, when the folks from Redmond lodged an ITC complaint over nine patents and followed up with another suit accusing Motorola of charging unfair license fees for its patents. Motorola fired back with its own pair of lawsuits — all of this a year before we heard it would be acquired by Google — and the battle was on. Whether or not this moves us any closer to any resolution remains to be seen, but at least Bavarian gaming consoles are safe, for now.

Filed under: Cellphones, Mobile, Microsoft, Google

US Appeals court rules Motorola can’t enforce injunction against Microsoft in Germany… again originally appeared on Engadget on Fri, 28 Sep 2012 19:22:00 EDT. Please see our terms for use of feeds.

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While Samsung wasn’t happy with everything in the billion dollar jury decision concerning its case vs. Apple back in August, it did find some use in a ruling that the Galaxy Tab 10.1 did not infringe Apple’s design patents. Based on that, it’s trying to get the months-old injunction on sales of the device lifted, but CNET and AllThingsD report Judge Lucy Koh has declined to do so at this time, citing a lack of jurisdiction. She did state that Samsung’s motion raised a “substantial issue” with the injunction, but will apparently need to wait for the appeals court to send it back to her court room. The two companies still have a court date on Thursday, as well as the December 6th hearing where they’ll argue about possible injunctions for some of the other devices involved in this case.

Filed under: Tablets

Judge decides against lifting US injunction on Samsung’s Galaxy Tab 10.1, for now originally appeared on Engadget on Tue, 18 Sep 2012 00:56:00 EDT. Please see our terms for use of feeds.

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Ardent followers of the Apple v. Samsung hearing in California have another date to circle in their calendars: December 6th. AllThingsD and Reuters report Judge Lucy Koh has put that down as the day the two companies can make their cases over two key steps in the process since the verdict (check out our breakdown of the decision and what its $1.05 billion damage award means here) was handed down Friday evening. Apple is requesting an injunction to block the sale of Samsung phones that were found to infringe upon its patents, while Samsung wants to have the jury’s verdict set aside. This changes the plans for the previously scheduled September 20th hearing, which will focus on Samsung’s effort to get the injunction lifted on its Galaxy Tab 10.1 that was found not to infringe upon Apple’s design patent. Whether you’ll be tuned in to Twitter for each line by line update or avoiding the internet altogether, at least now you know which day to plan for.

Filed under: Mobile

Apple, Samsung to argue potential bans on infringing phones December 6th in US District Court originally appeared on Engadget on Tue, 28 Aug 2012 21:24:00 EDT. Please see our terms for use of feeds.

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Well. The verdict for the tech industry patent trial of the week is in, and the jury agreed with Apple’s version of the events enough to award it a billion dollars and change in damages while awarding Samsung… nothing. Naturally, the two companies differ in their viewpoints on this ruling, with Apple celebrating a decision that supports its originality and innovation, and is “sending a loud and clear message that stealing isn’t right.” Samsung, on the other hand, claims it’s all about standing up for the consumer, who it believes will be the true victim here, forced to pay more for fewer choices and less innovation now that one company has “a monopoly over rectangles with rounded corners.”

Before we get to the inevitable appeals, Apple is seeking a preliminary injunction against Samsung’s infringing products and Judge Lucy Koh has set September 20th as a date for the hearing. Apple has until the 29th to file its motion, which Samsung will have 14 days to respond to, before Apple has two days to craft a response of its own. While we all take a breather before the lawyers get back at it, you’ll find the statements from both companies after the break.

Update: As expected, Samsung has indicated it will appeal the ruling. Wall Street Journal’s Evan Ramstad tweets that it plans to file post-verdict motions to overturn the decision and if those are unsuccessful, it will take its case to the Appeals Court.

Continue reading Apple, Samsung respond to the jury’s decision; September 20th court date set for injunction hearing

Filed under: Mobile

Apple, Samsung respond to the jury’s decision; September 20th court date set for injunction hearing originally appeared on Engadget on Fri, 24 Aug 2012 21:35:00 EDT. Please see our terms for use of feeds.

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Word around the mulberry bush is that Apple has just won itself a Europe-wide injunction against the sale of the Samsung Galaxy Tab 7.7, in case anyone still wanted to buy that tablet now that the Nexus 7 is out. The decision was taken in-between beer courses at the appeals court in Dusseldorf, but it didn’t all go Apple’s way — Cupertino’s request to have the re-designed Galaxy Tab 10.1 (aka the 10.1N) banned too was rejected, having already been turned down at preliminary hearing back in February.

The Tab 7.7 apparently infringes Apple patents that date from 2004 and, such is the power of one little German town, cannot technically be sold anywhere in the EU — although other countries may choose to ignore the ruling and it’s probably only a matter of time before a 7.7N comes out anyway. In contrast, the failed claim against the 10-inch slate hinged on a “generic design patent,” which a British judge has also vehemently dismissed. Glossing over the 7.7 decision, Samsung says it “welcomes the court’s ruling” with regard to the 10.1N and accuses Apple of using “legal claims” to restrict “design innovation and progress in the industry.”

Filed under: Tablet PCs

Apple wins ‘EU-wide’ injunction against Samsung Galaxy Tab 7.7, denied on 10.1 ban originally appeared on Engadget on Tue, 24 Jul 2012 05:27:00 EDT. Please see our terms for use of feeds.

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