Mobile Tech Today

CIO Today Network Sites:   Top Tech News  |   CIO Today   |   Mobile Tech Today   |   Data Storage Today
News & Product Reviews for Mobile Tech Users
Eliminate costly downtime!
Find out how with Free White Paper
& enter to win a Samsung Galaxy Note

www.apc.com
Wednesday, April 23rd 
24/7/365 Network Uptime!
Trending Topics:   Security Heartbleed Big Data Cloud Computing Windows XP Data Centers OS X Mavericks
Home
Laptops & Tablets
Mobile Phones
Mobile Gadgets
Mobile Apps
BYOD & MDM
iPad
Mobile Industry News
Wireless Connectivity
Wireless Security
GPS & Maps
MTT Press Releases
 
Free Newsletters
Top CIO News
 
Mobile Tech Today
 

Mobile Phones

U.S. Ban on Samsung Galaxy Nexus Overturned

U.S. Ban on Samsung Galaxy Nexus Overturned
October 11, 2012 2:12PM

Bookmark and Share
Samsung is far from out of the woods in its patent battles with Apple. In late August, for instance, it lost an unrelated patent suit by Apple in a jury trial in San Jose, Calif., and was ordered to pay $1 billion in damages. Apple had sought $2.75 billion in damages. That jury found that Samsung had infringed on Apple utility and design patents.

Your Next Generation Data Center Is Here! Vblock™ Systems: the world's most advanced converged infrastructure are built on the Cisco Unified Computing System with Intel® Xeon® processors. Vblock™ Systems deliver extraordinary time to market, ROI and TCO, and flexibility to meet your continually changing demands with 5X faster deployment, 96% less downtime, and 1/2 the cost. Click here to learn more.

In its intellectual property world war with Apple, Samsung Electronics won a battle Thursday. A federal appeals court has overturned a preliminary injunction on sales in the U.S. of Samsung's Galaxy Nexus smartphone.

Apple had brought suit against Samsung earlier this year, alleging that the Nexus infringed eight of Apple's patents. Apple had asked the U.S. District Court of Northern California to issue a ban on the sale of the Nexus, and the court agreed to do so. But the U.S. Court of Appeals for the Federal Circuit, which then issued a stay of execution for the injunction, ruled Thursday that the lower court had "abused its discretion."

'Causal Nexus'

The appeals court sent the case back to the district for further consideration, and it cited several areas where the lower court had erred.

One infringement cited by Apple was the Quick Search Box used by the Android operating system on the Nexus, but the appeals court noted that "the release of the allegedly infringing version of the Android platform predates the release of the Galaxy Nexus." Android-maker Google, the court pointed out, is not a defendant in the case.

Apple also claimed that it would suffer harm unless the Nexus was banned -- a "causal nexus" between the phone and the harm that contained an ironic, coincidental use of the brand name in the legal phrase. The appeals court said that the District Court needed to find such a connection but did not.

Apple also pointed to the use of the "unified search feature" in Siri on the iPhone, patented by the Cupertino, Calif.-based technology giant. But the appeals court ruled that, "to establish a sufficiently strong causal nexus, Apple must show that consumers buy the Galaxy Nexus because it is equipped with the apparatus" protected by the patent, and not because "it can search in general" or that it has unified search. The higher court said the District Court had not determined Apple had proved this was a reason for purchasing the Nexus.

$1 Billion in Damages

After the District Court granted Apple's request for a temporary injunction in June, Samsung had appealed to the higher court the next month. Apple had to post a $95.6 million bond to cover Samsung's losses in the event that the ban was eventually removed.

Later in July, the appeals court temporarily lifted the preliminary injunction, and the stay was extended on Aug. 1 until a final decision could be issued, as it was on Thursday.

But Samsung is far from being out of the woods. In late August, for instance, it lost an unrelated patent suit by Apple in a jury trial in San Jose, Calif., and was ordered to pay $1 billion in damages. Apple had sought $2.75 billion in damages.

That jury found that Samsung had infringed on Apple utility and design patents for some of its products, that five of the six infringements were willful, and that, in response to Samsung's countersuit for $421 million, Apple had not infringed on Samsung's patents.

Tell Us What You Think
Comment:

Name:



 Mobile Phones
1. Review: Windows Phone Advances
2. Project Ara Phone Version Ahead
3. Cortana Fills Windows Phone Gap
4. Galaxy S5 Phone: Less Can Be More
5. Amazon 3D Smartphone Pics Leaked




 Most Popular Articles
1. Google Glass Finds a Home in Medical Education, Practice
2. HP Rolls Out New Software-Defined Network Products
3. Smartphone Kill Switch Could Save Users $2.6B a Year
4. Avaya Aims To End Network Waiting Game
5. Google Video Shows Off Modular Project Ara Phone

Have an informed opinion on this story?
Send a Letter to the Editor.
We want to know what you think.
Send us your Feedback.

 Related Topics  Latest News & Special Reports

  Samsung: $2.2B Too Much for Apple
  Review: Windows Phone Advances
  Uber Meets Local Lookalikes in Asia
  Microsoft-Nokia Deal Closes this Week
  Mobile Ad Platform From Facebook?

 Technology Marketplace
Business Intelligence
Get real-time, cloud-based information services with Neustar.
 
Cloud Computing
Next Generation Data Center Is Here! Vblock™ Systems from VCE
 
Contact Centers
HP delivers the future of the contact center with HP Qfiniti 10.
 
Data Storage
Next Generation Data Center Is Here! Vblock™ Systems from VCE
Barium Ferrite (BaFe) is the future of tape.
2.5" Enterprise-class SATA & SAS SSDs for server & storage applications
 
Enterprise Hardware
Barium Ferrite (BaFe) is the future of tape.
2.5" Enterprise-class SATA & SAS SSDs for server & storage applications
 
Hardware
Protect your network with APC Smart-UPS battery backup
 
Network Security
Protect your network with APC Smart-UPS battery backup
 

Network Security Spotlight
Verizon Data Breach Report Exposes Top Threats
Beyond Heartbleed, there are cyberthreats vying to take down enterprise networks, corrupt smartphones, and wreak havoc on businesses. Verizon is exposing these threats in a new report.
 
Where Do Web Sites Stand, Post-Heartbleed?
A security firm says the vast majority of Web sites have patched themselves to protect against the Heartbleed bug, but now there are questions raised on the reliability of open-source programs.
 
White House Updating Online Privacy Policy
A new Obama administration privacy policy explains how the government will gather the user data of online visitors to WhiteHouse.gov, mobile apps and social media sites, saying much is in the public domain.
 
Navigation
Mobile Tech Today
Home/Top News | Laptops & Tablets | Mobile Phones | Mobile Gadgets | Mobile Apps | BYOD & MDM | iPad
Mobile Industry News | Wireless Connectivity | Wireless Security | GPS & Maps | MTT Press Releases
Also visit these Enterprise Technology Sites
Top Tech News | CIO Today | Mobile Tech Today | Data Storage Today

Services:
FreeNewsFeed | Free Newsletters | XML/RSS Feed

About CIO Today Network | How To Contact Us | Article Reprints | Services for PR Pros (In partnership with NewsFactor) | Top Tech Wire | How To Advertise

Privacy Policy | Terms of Service
© Copyright 2000-2014 Mobile Tech Today. All rights reserved. Article rating technology by Blogowogo. Member of Accuserve Ad Network.