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Samsung Appeals Apple's Injunction Against Galaxy Nexus

It will come as no surprise that Samsung has filed an appeal in response to the injunction granted to Apple against the Galaxy Nexus phone in the U.S.. From the article: "The motion, filed with the Court of Appeals for the Federal Circuit, seeks a stay of the injunction for the duration of the appeal. U.S. District Judge Lucy Koh ordered the preliminary injunction on Friday, granting a motion Apple made in February that alleged Samsung infringed on several of its patents. The injunction, which would keep the Samsung device from being sold in stores in the U.S., can go into effect as soon as Apple posts a bond of nearly $96 million."

13 of 217 comments (clear)

  1. I like this by Anonymous Coward · · Score: 5, Funny

    It will come as no surprise that Samsung has filed an appeal

    I think that more supposed news stories should begin "this is not news".

  2. This is getting beyond ridiculousness. by Lumpy · · Score: 5, Insightful

    I love apple products, but this is becoming disgusting. I cant see how anyone can think that android is anything like iOS except for where it uses icons, and you use your fingers, and it runs apps.

    The whole thing with this is underlining a major flaw in our court system.

    1 - Judges are not educated enough to make a ruling need to be retired. Sorry, but why are you presiding over a technology case when you know nothing about technology?

    2 - Our patent system is so broken that it's proving to anyone that has a brain that it is causing a strangulation effect. A little guy in his garage has ZERO chance of creating anything without being gunned down in court by a rich company afraid of competition.

    The sad part is that we cant change it. No matter WHO get's elected into congress, they are always outnumbered 300 to 1 by the bought and paid for senators that are there to do what the industry tells them to do instead of doing what is right.

    --
    Do not look at laser with remaining good eye.
    1. Re:This is getting beyond ridiculousness. by MickyTheIdiot · · Score: 5, Insightful

      Our whole system is broken because it has become totally pay-to-play. An occurrence like this should be ringing alarm bells in Washington DC, but of course it isn't. The lack of knowledge and corruption is rife throughout the entire system right now.

      I posted on the previous article about this that Google should step up and take the lead and use it as a concrete example for congresscritters since they are the ones with enough money to actually make a difference.

    2. Re:This is getting beyond ridiculousness. by cyber-vandal · · Score: 5, Insightful

      Taking a stand doesn't pay the mortgage.

    3. Re:This is getting beyond ridiculousness. by LordLucless · · Score: 5, Insightful

      You're alleging a pretty big corruption crime here. What's your evidence?

      He's not alleging anything. He's describing systemic corruption, not some incident specific to this case. U.S. politicians are taught to look to industry for funding, and therefore, for policy, rather than the electorate. This means that without some lobby with money, there's no reason to change the status quo, unless it's an election year, or it's something that's really riling large segments of the population.

      Why do you think there's so much movement behind "piracy", and so little behind patent reform? Because there's a lobby splashing money around for copyright reform, whereas all the guys with money have already bought into the patent system.

      You know, if this is your idea of corruption, living in a third world nation would be a huge fucking wake up call. This is not corruption.

      Uh-huh. Just like you shouldn't complain if take a dump on your doorstep. Going down to the sewerage plant would be a huge fucking wake up call. You'd realize that my excrement isn't actually shit, because there's so much more of it at the sewerage plant than there is on your front porch.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    4. Re:This is getting beyond ridiculousness. by Theaetetus · · Score: 5, Insightful

      1 - Judges are not educated enough to make a ruling need to be retired. Sorry, but why are you presiding over a technology case when you know nothing about technology?

      Just because you don't like the ruling doesn't mean the judge doesn't understand technology. Prior to joining the bench, Judge Koh spent a decade doing patent litigation.

      Tellingly, when Judge Koh has decided the other way in the past - invalidating patents or denying injunctions - Slashdot posters have repeatedly said, "finally, a judge that understands technology!"

  3. Re:I have an idea by MickyTheIdiot · · Score: 5, Interesting

    I'd agree if the patents weren't bogus and obvious. If we had a patent system that actually granted patents of merit and not a rubber stamp this would make sense.

    Go read some of these patent. It's isn't revolutionary stuff, it's just who won the horse race for patenting "clicking icon to make something happen" and the like.

  4. Re:Injunction by SomePgmr · · Score: 5, Informative

    The upside is that Apple had to post $90 million, payable in some part to Samsung (as I understand it), in case the injunction turned out to be bogus.

  5. Re:I have an idea by SternisheFan · · Score: 5, Informative

    U.S. Patent No. 5,946,647 for a "system and method for performing an action on a structure in computer-generated data" which was validated in Apple's U.S. International Trade Commission case against HTC. U.S. Patent No. 8,074,172 for a "method, system, and graphical user interface for providing word recommendations" or predictive text. U.S. Patent No. 8,046,721 for a system describing "unlocking a device by performing gestures on an unlock image" or the "slide to unlock" function found on iOS devices which was successfully used against Motorola in Germany. U.S. Patent No. 8,086,604 for a "universal interface for retrieval of information in a computer system" that was the basis of Friday's ruling." http://www.informationweek.com/byte/news/personal-tech/smart-phones/240003036?nomobile=1

  6. Re:I have an idea by Anonymous Coward · · Score: 5, Insightful

    Uh, have you actually looked at the patents in question? We have a slide lock switch for the touchscreen. Slide locks are not particularly novel. But of course the idea of using them on a touchscreen is perfectly novel and non-obvious.

    The other two are of similar caliber. There is no way you can avoid those totally obvious things if you are going to create a touchscreen user interface for a phone.

    Basically Apple thinks it is entitled to a monopoly on touchscreen phones because they were first to, uh, sue (other products were in the market first), and would suffer irreparable harm if others were allowed to enter into the market, something known as "competition".

    Because they are an American company (never mind that they avoid producing stuff in the U.S.A.), a U.S. judge swallows the "we want the market to ourselves" sob story.

    The "patents" are merely a pretense for getting the judicial system's active help monopolizing the U.S. market. One needs to sue over something, however ridiculous, or one does not get a judge involved in this sort of perversion.

  7. Re:Injunction by v1 · · Score: 5, Insightful

    The upside is that Apple had to post $90 million, payable in some part to Samsung (as I understand it), in case the injunction turned out to be bogus.

    They can probably round up that kind of cash by digging in their couch cushions. I'm sure the appeal was expected, and they'll probably wait to see how it pans out before proceeding. The fact that they haven't posted the bond yet does suggest they think the injunction has a chance of being successfully appealed

    When you're dealing with companies of this size, an injunction really doesn't mean much until it's withstood at least one appeal.

    --
    I work for the Department of Redundancy Department.
  8. Re:I have an idea by serviscope_minor · · Score: 5, Interesting

    Well, perhaps Samsung should try inventing things themselves, rather than let Apple invent everything.

    Here is what all touchscreen smartphones looked like before Apple came along and showed how the world how to do it (complete link).

    Apple were first people to do anything like that at all, so they should obviously have a patent.

    They basically invented the entirely featureless tablet and the touch based user interface.

    (for the impared: please actually look at links before flaming)

    --
    SJW n. One who posts facts.
  9. Re:Injunction by poetmatt · · Score: 5, Interesting

    90 million is bullshit. The bonds for this stuff (software "patent infringement" via the ITC loophole) should start at a 1-2 billion dollars and go up. That would certainly stop these bogus lawsuits.