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Apple Wins Preliminary Injuncton Banning Sales of the Galaxy Nexus Smartphone

Apple Wins Preliminary Injuncton Banning Sales of the Galaxy Nexus Smartphone

Posted June 30, 2012 at 1:12am by iClarified
Apple has won a preliminary injunction against the Samsung Galaxy Nexus smartphone, reports FOSS Patents.

Judge Lucy Koh of the United States District Court for the Northern District of California granted Apple the injunction earlier today based largely on the 'Siri Patent'.

Apple and its lawyers convinced Judge Koh that the Galaxy Nexus likely infringes all four of the patents asserted in the preliminary injunction motion, and that all four of them are likely valid. But in the United States, injunctive relief is granted only if monetary damages are insufficient to make the right holder whole, and if other requirements are met. Courts apply the four-factor eBay v. MercExchange test. Apple's motion passed that test with respect to the "Siri patent", a patent on unified search. It must be a huge disappointment for Google to lose this lawsuit over a search patent. With respect to the other three patents at issue in this context -- slide-to-unlock, data tapping and autocorrect --, Judge Koh was not convinced that those features drive consumer demand and that Samsung's likely infringement causes irreparable harm. But Apple can still win an injunction when this case goes to trial, and even if it couldn't prove an entitlement to injunctive relief over those patents at that stage, Samsung would be liable for significant damages.


For the injunction to take effect, Apple most post a bond of $96 million ($95,637,141.60) which is the amount Samsung demanded.

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Apple Wins Preliminary Injuncton Banning Sales of the Galaxy Nexus Smartphone
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Comments (7)
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Shrwan
Shrwan - August 14, 2012 at 7:36am
Nexus One sold 20,000 handsets in its first week. Droid sold 250,000 units in its opnieng week. The iPhone 3GS sold 1.6 million units in week one. It's true that Google is looking long term and hence they won't loose a lot of sleep on opnieng week sales, but this does underscore the fact that despite all the hype (Google splashed the Nexus One ads on it's home page, which is accessed by a gazillion people), Nexus One is off to a bumpy start.
Jaol
Jaol - August 16, 2012 at 4:13am
Omar .. Its not that hard to order it online i beievle!!also put in mind that US store is going to release it without contract in November .. i think its going to be unlocked []omarker Reply:November 1st, 2011 at 3:26 pmWell i Got mine ,, but good advice for people Who wanna have it ,, thanks =D[]
App
App - July 2, 2012 at 12:41pm
Apple has filed against the GS3. It was rejected because the judge didn't have enough time to handle the case. Reason being she was already handling so many other cases for apple
joyz
joyz - June 30, 2012 at 9:44am
Hahahaha Samsung your going down!
Sindhu
Sindhu - August 13, 2012 at 3:20pm
informacija ne sovsem veajrna da skrinshoti budut otlichatca, vedj tehnologii displaev sovsem raznie neljza pod mikroskopom sravnivatj amoled s TFT... Samsungovskij ekran dejstviteljno luchshe ustupaet lish razresheniem ekrana, a vot skorostj peredachi cvetov, kartinki i jarkostj vishe... spasibo avtoru za staranija, no Apple eto uzhe religija, kotoraja horosha ne smotja na minusi...p.s> kstati u menja tozhe iphone...kotorij sobirajusj menjatj na galaxy
Rob
Rob - June 30, 2012 at 5:50am
Guess what judge Lucy Koh got for Christmas.
Fanboy
Fanboy - June 30, 2012 at 1:18am
Apple: Hey, look a phone is getting released. We should sue them because it kinda looks like our iPhone.
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