Preliminary injunction 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.

Preliminary injunction Stories June 6, 2012

Apple seeks US preliminary injunction against Samsung’s Galaxy S III

Apple put forward a second California litigation against South Korea-based Samsung earlier this week when it sought the court’s consent to add the Android-powered Galaxy S III smartphone to its motion for a preliminary injunction against the Galaxy Nexus.

According to FOSS Patents:

Apple made this move approximately 20 hours after I wrote about the Galaxy S III being “the obvious next target”. In my blog post I speculated that Apple might bring a preliminary injunction motion against it, possibly after awaiting tomorrow’s preliminary injunction hearing. Apple decided to forge ahead now. Apple is on the offensive against Android. Earlier this week it filed an ITC complaint requesting an immediate import ban of 29 allegedly-infringing HTC devices. There’s an important overlap: the “data tapping” patent that Apple is seeking to enforce against HTC’s current generation of products is one of two patents Apple is using against the S III.

Apple purchased the S III in the United Kingdom, where Samsung launched it on May 29. The U.S. launch date is June 21 — precisely two weeks after the preliminary injunction hearing.

Apple’s motion notes that “[a]ccording to press reports, Samsung has already sold over nine million preorders of the Galaxy S III; indeed, the Galaxy S III has been reported to be the most extensively preordered piece of consumer electronics in history.”

Apple filed the first preliminary injunction motion against the Galaxy Nexus in February over four disputed patents. The Cupertino, Calif.-based Company’s requested in its latest motion that Samsung withhold the launch of the device’s successor in the United States until the court rules on the preliminary injunction request.

Samsung replied to the motion this afternoon, contending Apple cannot continue to add to its record for the Galaxy Nexus:

“If Apple wishes to seek an injunction against the Galaxy S III, the Court should require Apple to file a new motion and allow the parties to develop a full factual record on all four factors. Accordingly, the Court should reject Apple’s motion to amend its current notice of motion for a preliminary injunction.”

This article is cross-posted at 9to5Mac.

Preliminary injunction Stories February 11, 2012

The war between Samsung and Apple continues as Apple requests a United States Preliminary Injunction on Samsung’s Galaxy Nexus. The request was filed in a U.S. District Court for the Northern District of California on Thursday, and the documents were released Friday. FOSS Patents discovered that Apple is basing its request for an injunction on four recently granted patents:

  1. The “data tapping” patent that the ITC ordered an import ban against HTC.
  2. A patent related to Siri and unified search that must be a huge concern to Google with a view to its core business.
  3. A new slide-to-unlock patent that even had the head of the Taiwanese government profoundly worried.
  4. A word completion patent that provides major speed improvements for touchscreen text entry.

The second patent (seen above) concerns Apple’s Siri technology. Google has similar a voice technology, and Apple wants to slash the accurate but not as robust feature out of the picture. The third slide-to-unlock patent is something that Apple has been after for a while, based on earlier patents. Apple also recently sued Samsung in a separate lawsuit over the fourth autocorrect patent.

Will the injunction be granted? Probably not, but it is interesting to see Apple keep trying. A judge will make a ruling in the coming months.

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