A U.S. Court of Appeals has now overturned an injunction on the Samsung Galaxy Nexus. According to the reversal ruling, Judge Lucy Koh and the district court in California had abused its discretion when they granted the injunction in the first place.
The patent that caused all the original drama was the “Apple 604 patent”, which had to do with universal search features on a mobile device. Apple claimed that the Nexus would case major harm to the sale of its iPhone if it continued to be sold in stores. At the time, Samsung argued that the universal search feature wasn’t essential to the device. They also said the Nexus smartphone wasn’t selling that well and didn’t represent a true threat to Apple. Despite Samsung’s argument, Koh ruled in favor of Apple in this instance.
What has changed since the original ruling against Samsung? The court says that Apple has never presented real evidence that tied consumer demand for the Galaxy Nexus to the infringing patent. In other words, Nexus owners were buying the device for reasons beyond just the universal search elements found in the smartphone.
As far as sales or reputation of the device is concerned, will the ruling make any difference? Probably not. The next generation Nexus devices are said to be on their way soon, and the OG Galaxy Nexus is starting to become a little long in the tooth. Regardless, this decision will add extra fuel to the fire when it comes to the Samsung Apple war. More than likely, it will also increase tension between Samsung and Apple fans. How do you feel about the Court of Appeals reversal?
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Didn’t Apple stump up a bond of $96 million for this? If this is over turned Samsung could surely claim compensation for lost sales from this bond.
Hopefully this will serve as precedence now on being MORE thorough BEFORE ruling for an injunction. I hope now that it has been overturned that the money posted by Apple will go to Samsung for damages from the injunction. In one sense it may serve as a deterrent to future such injunctions without evidence to back it up.
I would not expect to see this decision set a precedent Marvin if I were you – or any decision of this nature.
It doesn’t take a legal genius to see that their strategy is to simply make life hell for anyone who dares to threaten their market share and through constant attacks – be they credible or incredible – in nature derail the free market and limit peoples’ choices; knowing full well that what they are doing is without merit logically or technologically.
This is what happens when people have so much money they don’t care about spending it to carry out a vendetta and show that “might makes right”. Of course it’s also very helpful if you have a sympathetic judge like Judge Lucy Koh, in your corner.
Fortunately, the appeals court isn’t as biased as she toward Apple and “was not impressed by their legal machinations.
Score one for the good guys.
So does this mean we all get our Universal Search feature back?? This is ridiculous…