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U.S. judge rejects Apple bid to halt Galaxy sales (Samsung wins)
Reuters ^ | 12/03/11 | Dan Levine

Posted on 12/02/2011 9:31:28 PM PST by TigerLikesRooster

U.S. judge rejects Apple bid to halt Galaxy sales

By Dan Levine

Sat Dec 3, 2011 10:22am IST

(Reuters) - Apple (AAPL.O) failed to convince a U.S. judge to block Samsung Electronics (005930.KS) from selling some Galaxy smartphones and tablets in the U.S. market, depriving the iPhone and iPad maker of crucial leverage in a global patent battle between the two companies.

In a ruling released late on Friday, U.S. District Judge Lucy Koh in San Jose, California denied Apple's request for a preliminary injunction against Samsung.

Representatives for Apple and Samsung did not immediately respond to a request for comment.

The two companies are engaged in a bruising legal battle that includes more than 20 cases in 10 countries as they jostle for the top spot in the smartphone and tablet markets.

(Excerpt) Read more at in.reuters.com ...


TOPICS: Business/Economy; Extended News; News/Current Events; Technical
KEYWORDS: apple; designpatent; galaxy; samsung

1 posted on 12/02/2011 9:31:33 PM PST by TigerLikesRooster
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To: TigerLikesRooster

Good.


2 posted on 12/02/2011 9:36:41 PM PST by Jonty30 (If a person won't learn under the best of times, than he must learn under the worst of times.)
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To: TigerLikesRooster
So, did the judge accept Samsung's argument that the design is 'common' and has already appeared in Knight Rider design lab?

iPad design displayed in 1994 by Knight Rider Information Design Lab

3 posted on 12/02/2011 9:39:03 PM PST by paudio (0bama is like a bad mechanic who couldn't fix your car; he just makes it worse. Get somebody else!)
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To: Jonty30

Judges, like lawyers are for sale. Ever notice how many lawyers are in congress, not only in office, but like cockroaches in the cabinet, they infest everything in DC?


4 posted on 12/02/2011 10:07:42 PM PST by itsahoot (Throw them all out!)
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To: itsahoot

Interesting, Koh is a Korean-American. Samsung is a Korean company. The other thing is that she was appointed by Arnold (the Awful) Schwartzenusedtobekennedy!


5 posted on 12/02/2011 11:26:34 PM PST by vette6387 (Enough Already!)
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To: itsahoot

Interesting, Koh is a Korean-American. Samsung is a Korean company. The other thing is that she was appointed by Arnold (the Awful) Schwartzenusedtobekennedy!


6 posted on 12/02/2011 11:26:34 PM PST by vette6387 (Enough Already!)
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To: Jonty30
Good.

Agree... but waiting for the Apple IBots to descents for speaking heresy of thier god

7 posted on 12/02/2011 11:35:42 PM PST by tophat9000 (American is Barack Oaken)
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To: tophat9000

Swordmaker will be in here in 3..2..1


8 posted on 12/03/2011 1:19:56 AM PST by Blue Highway
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To: TigerLikesRooster
U.S. judge rejects Apple bid to halt Galaxy sales

Maybe I aren't (word used on purpose) smart enough to know better, but isn't this like Ford suing GM to stop using their "design" for a car?

9 posted on 12/03/2011 4:24:54 AM PST by Popman (Obama is God's curse upon the land....)
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To: Popman

More or less a same argument.


10 posted on 12/03/2011 4:52:08 AM PST by TigerLikesRooster (The way to crush the bourgeois is to grind them between the millstones of taxation and inflation)
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To: Popman
The core problem here as I see it is the problems with assigning many tech patents while not acknowledging prior art.

So Apple applies for and receives a patent for something that has been done for years by several parties, that art is something fundamental towards graphic interfaces, and then Apple turns around and uses that patent to try and force competitors off the playing field.

Similar problems exist with genetic technology patents. The patent examiners often just don't understand what is novel and what is prior art and grant patents that are just too sweeping - the patent ends up ecompassing what is novel AND the prior art used to create what is novel in the application.

11 posted on 12/03/2011 4:52:28 AM PST by dirtboy
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To: TigerLikesRooster; Popman
I would take the car analogy this way.

An inventor had a patent for interval wipers and sued and won back royalties for car makers using his technology without licensing.

Now, if it were Apple, they would have gotten the patent for windshield wipers themselves and then said no other car with such could be sold.

12 posted on 12/03/2011 4:55:02 AM PST by dirtboy
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To: dirtboy
interval wipers

Apple claims patent over something even more flimsier.

13 posted on 12/03/2011 4:58:32 AM PST by TigerLikesRooster (The way to crush the bourgeois is to grind them between the millstones of taxation and inflation)
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To: TigerLikesRooster
Correction: more flimsier
14 posted on 12/03/2011 4:59:37 AM PST by TigerLikesRooster (The way to crush the bourgeois is to grind them between the millstones of taxation and inflation)
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To: TigerLikesRooster

That was my point - Apple goes past the novelty and claims patent over prior art - they would have claimed a patent for wipers themselves, not just the interval mechanism.


15 posted on 12/03/2011 5:01:26 AM PST by dirtboy
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To: dirtboy
Really a question rather than an argument,but based on that logic, how does every advance in the car industry like engine design that is based off a previous patents not get challenged.

A internal combustion engine from 1950 is after all still an internal combustion engine from 2011 minus all the bells and whistles

I think apple needs to figure out smart phones are as common or even more so than cars and unless they come up with something completely new and radical....these lawsuits seem more like corporate fishing expedition looking for legal precedent to protect their profits

16 posted on 12/03/2011 5:07:32 AM PST by Popman (Obama is God's curse upon the land....)
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To: Popman
I think apple needs to figure out smart phones are as common or even more so than cars and unless they come up with something completely new and radical....these lawsuits seem more like corporate fishing expedition looking for legal precedent to protect their profits

Well, that in a nutshell is what Apple is doing, IMO. They have patents granted in the nineties for stuff that was commonly done in the eighties. I guess Apple hired some smarty-pants patent attorneys who bamboozled the Patent Office into granting patents for what was blatantly prior art, and then I guess Apple sat on those patents until they needed them against competitors. I may have the details not exact, but the big picture is just as you suggest.

17 posted on 12/03/2011 5:11:44 AM PST by dirtboy
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To: dirtboy
That is how the game is played now. Don't innovate, sue those that do for patent infringement. Microsoft does similar things.

One of these days we need to take a hard look at how patent law is in the US, and make some changes. Of course, the big money players want to make it even more restricting.

18 posted on 12/03/2011 6:50:17 AM PST by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: Popman

It is more like GM contracting to build F-150’s then make a few extra and label them GMC Trucks.


19 posted on 12/03/2011 2:22:00 PM PST by itsahoot (Throw them all out!)
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