Lucy Koh Stories January 31, 2013

Court again rejects Apple’s attempt at Samsung Galaxy Nexus sales ban

Reuters reported today that a U.S. Federal Circuit Court of Appeals in Washington rejected Apple’s attempt to get a sales ban on Samsung’s Galaxy Nexus. Apple asked the court to revisit a previous decision to reject the company’s request for the sales ban leading up to a full trial set for March 2014. The case involved patents not included in the California trial that awarded Apple a $1.05 billion verdict against Samsung.

Apple wanted the full Federal Circuit of Appeals, made up of nine active judges, to reverse the earlier ruling. But in a brief order on Thursday, the court rejected Apple’s request without detailed explanation or any published dissents… Several experts had believed that Apple faced long odds, as the legal issues in play were not considered controversial enough to spur full court review.

Reuters noted that Apple could still appeal the decision to the U.S. Supreme Court:

Apple could still appeal to the U.S. Supreme Court. However, the high court has made it more difficult for patent plaintiffs to secure sales injunctions in recent years.

Lucy Koh Stories January 23, 2013

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Earlier this month, a U.S. District Judge in California ordered Google Chairman Eric Schmidt, Apple CEO Tim Cook, and others to give depositions in an ongoing private lawsuit. Employees brought on the private lawsuit alleging  “no-poach” agreements the companies entered would drive down wages. Today, new details have emerged after a request to keep court documents secrets was denied by U.S. District Judge Lucy Koh.

While emails exchanged between Steve Jobs and former Palm CEO Ed Colligan have been the focus on the documents, The Verge also pointed us to emails exchange between Jobs and Google execs. Below we have an email form Jobs to Schmidt asking to put a stop to Google recruiting employees from its iPod team, as well as one where Schmidt discussed not wanting to create a paper trail: expand full story

Lucy Koh Stories January 18, 2013

Google Chairman Eric Schmidt ordered to give deposition in anti-poaching lawsuit

From 9to5Mac:

Apple CEO Tim Cook has been ordered by U.S. District Judge Lucy Koh in San Jose to give a deposition related to an ongoing private lawsuit that claims Apple, Google, and others entered “no-poach” agreements, as reported by Bloomberg. Cook isn’t the only executive named in yesterday’s order. Google Chairman Eric Schmidt will also be deposed on Feb. 20, as well as Intel Chief Executive Officer Paul Otellini later this month.

The judge said she was disappointed that senior executives at the companies involved hadn’t been deposed before yesterday’s hearing over whether she should certify the case as a group lawsuit. The class would include different categories of employees whose incomes, their lawyers argue, were artificially reduced because of the collusion. Koh didn’t rule on class certification.

At Koh’s request, the lawyers also agreed that Google Chairman Eric Schmidt will be deposed Feb. 20. Lawyers for the employees will depose Intel Chief Executive Officer Paul Otellini later this month, lawyers said.

Lucy Koh Stories July 9, 2012

Reports from last week noted that Samsung’s attempt to lift Apple’s preliminary injunction placed on the Galaxy Tab 10.1 in the United States was rejected by District Judge Lucy Koh. Today, in Apple’s ongoing patent cases with Samsung in the United Kingdom, Bloomberg reported Judge Colin Birss ruled against Apple, claiming Sammy’s Galaxy Tabs “are not as cool.” It is hard to imagine Apple losing in any more of a complimentary way, as Judge Birss claimed his decision was based partly on the fact Galaxy tablets “do not have the same understated and extreme simplicity.”

The Galaxy tablet doesn’t infringe Apple’s registered design, Judge Colin Birss said in a ruling today in London. He said that consumers weren’t likely to get the two tablet computers mixed up.

The Galaxy tablets “do not have the same understated and extreme simplicity which is possessed by the Apple design,” Birss said. “They are not as cool.”

The company provided a full email statement regarding today’s decision (via Pocket-lint). Samsung explained the court referred to roughly 50 pieces of prior art when dismissing Apple’s case: expand full story

Everyone can use an Echo Dot: Just $50!

Lucy Koh Stories June 8, 2012

Apple’s lawyers threaten Samsung with temporary restraining order to stop Galaxy S III sales

Last time we checked in on the ongoing U.S. patent-related court cases between Apple and Samsung, Apple’s lawyers were requesting to add the Galaxy S III to its previous motion for a preliminary injunction against the Galaxy Nexus line of products from February.

Apple was hoping the courts would agree to withhold sales of the S III until a ruling on the preliminary injunction was made. Samsung recommended the judge dismiss Apple’s request and file a new motion, but Apple attorney Josh Krevitt threatened Samsung at a hearing on Thursday that Apple could file a temporary restraining order as early as today to stop sales of the S III before it launches June 21. Bloomberg reported:

Josh Krevitt, a lawyer for Cupertino, California-based Apple, told Koh he was considering filing a request for a temporary restraining order in the interest of blocking sales of the Galaxy S III before its scheduled release in the U.S. this month… Krevitt said a court order temporarily barring Galaxy S III sales in the U.S. will create “a mechanism to allow the court to decide this issue before the launch.”

First Samsung will have to prove in court today that the Galaxy S III includes a “different combination of features” from the Nexus in order to prevent Apple from adding the device to the previously requested preliminary injunction. According to Bloomberg, Samsung lawyer Bill Price claimed: “Apple’s urgency stems from its inability to “compete against the new features” of the Galaxy S III, and the company is trying to “prevent a phone from getting to the public that is better than Apple’s in many, many respects.”

Reuters noted that several Google attorneys attended Thursday’s hearing. If Apple files for a temporary restraining order, the scheduled July 30 trial date would likely be delayed. Apple is also trying its best to kill HTC.

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