With Oracle’s loss (and here) in the Oracle v. Google debacle, and Apple’s loss in Apple v. Motorola Mobility, the patent wars now shift to Apple’s fight against Samsung.

This week, Apple scored two major (one not-so-major) blows against the device-maker. First, Apple was able to convince U.S. District Judge Lucy Koh to halt all U.S. sales of Samsung’s Galaxy Tab 10.1 tablet. This is big, but not huge, since Samsung already introduced the Galaxy Tab 10.2, which is even better than the original.

The second blow came as Judge Koh granted a pre-trial injunction against the sale of Samsung’s Galaxy Nexus phone. This injunction is far greater than the Galaxy Tab ban, since the Galaxy Nexus is Samsung and Google’s starship device, and one of the best Android phones on the market.

Judge Koh’s opinion cited Apple’s “substantial [loss of] market share in the smartphone market and [loss of ]substantial downstream sales of future smartphone purchases and tag-along products,” as reasons for the injunction. As soon as Apple posts a $95 million bond, the injunction will be permanent, at least until trial.You can read the full text of the order here.

The Complaint alleges that Samsung infringes on four Apple patents: Apple’s unified search feature; “links for structures” feature; slide to unlock feature; and the word recommendations or auto correct feature. To me, these are pretty insignificant features, and certainly don’t seem worth the issuance of an injunction, but perhaps I’m missing the boat.

The court uses a lengthy analysis to determine the meaning of the word, each, in reference to “heuristic models,” ultimately concluding that the construed meaning Apple submitted to the patent examiner was broad, rather than narrow. This same type of analysis continued on through the opinion, which tells me that the Judge’s clerk prefers iOS to Android er, Samsung better get Google’s attorneys I’m too dumb to understand patent litigation.

I do think one thing though: the patent system is screwed up. I have a patent, and if anyone wants to help me patent it, I’ll give you 75% of the proceeds. My patent is a device for removing a foreign object from the smelling organ of an animate being. I think it will become a big hit.

Unfortunately, in my opinion, because Apple can’t compete with Android innovation, and more especially with Samsung’s awesome device, it needs to stoop to litigation. I suggest the Apple stop suing, start developing, and let consumers decide where and how they’ll spend their money.

Jury Trial in the case is scheduled for March 31, 2014. I’m sure we’re going to hear a lot about this case in the time to come. You can grab updates from the court’s website or PACER. The case number is 12-0630.



Jeff Taylor

I'm just an ordinary guy living an extraordinary life. I'm also an attorney and I blog about Android for lawyers. You can follow me on Twitter, LinkedIn, YouTube, or Google+.


One More Reason to Grab the Samsung Galaxy Nexus, And Quickly | The Droid Lawyer™ · July 1, 2012 at 5:10 pm

[…] var s = document.getElementsByTagName('script')[0]; s.parentNode.insertBefore(po, s); })(); As I told you, Apple successfully argued a temporary injunction against Samsung’s Galaxy Nexus Android […]

The Droid Lawyer™ | Samsung Readies to Oppose Injunction · July 3, 2012 at 6:52 am

[…] the preliminary injunction issued, Samsung has filed it’s notice of appeal and motion to stay pending appeal. Yesterday, Judge […]

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