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Judge Koh changes hearing date and moves Apple's motion for preliminary injunctions to December 6th

Posted: , by Alan F.

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Judge Koh changes hearing date and moves Apple's motion for preliminary injunctions to December 6th
You might recall that Judge Lucy Koh had originally circled September 20th on her calendar. That was the date when she would hear motions from both sides on Apple's request for a preliminary injunction on certain Samsung models that the jury ruled had infringed on Apple patents. We're not sure how many models the judge was expecting Apple to seek a preliminary injunction for, but when the Cupertino based tech titan selected eight, it seemed to catch Judge Koh a bit by surprise.

The Samsung Epic 4G Touch could end up with a preliminary injunction

The Samsung Epic 4G Touch could end up with a preliminary injunction

So instead of holding a hearing on September 20th to help her make a ruling, the judge felt that the scope of Apple's request made it "appropriate" for her to rule on some post-trial motions before coming to her decisions on any injunctions. The September 20th hearing will now be to hear a motion from Samsung to dissolve the preliminary injunction that the judge had placed pre-trial on the Samsung GALAXY Tab 10.1. As we pointed out to you during the weekend, the jury ruled that the tablet did not infringe on Apple's design patent for the Apple iPad which was the basis for the original request for the ban from Apple. Although the jury did rule that Samsung's tablet did infringe on a software patent, Samsung's motion to dissolve the preliminary injunction on the Samsung GALAXY Tab 10.1 could be a winner.

After legal arguments from both sides are filed, Judge Koh will hold the hearings to determine if any preliminary injunctions will be issued against the eight Samsung models on December 20th. The eight models selected by Apple include the Samsung Droid Charge (Verizon), Samsung Galaxy S 4G (T-Mobile), Samsung Galaxy S II (AT&T), Samsung Galaxy S II (T-Mobile), Samsung Galaxy S II Skyrocket (AT&T), Samsung Galaxy Prevail (Boost Mobile), Samsung Epic 4G Touch (Sprint) and the Samsung Showcase (Alltel).

source: Reuters

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posted on 28 Aug 2012, 22:51 3

1. TheLibertine (Posts: 484; Member since: 15 Jan 2012)


I like her.

posted on 28 Aug 2012, 22:53 10

2. networkdood (Posts: 6223; Member since: 31 Mar 2010)


She is ok - but my thing was that she did not have time to go over everything presented to her and the jury did the same - the whole trial felt rushed and even some of the jury had a quick rush of judgment.

posted on 29 Aug 2012, 01:04

16. Mittal (Posts: 427; Member since: 14 Dec 2011)


rules r rules!

posted on 31 Aug 2012, 21:56

30. Jillxz (Posts: 146; Member since: 04 Jun 2012)


I have cancelled my post .

posted on 28 Aug 2012, 22:56 8

3. -box- (Posts: 3693; Member since: 04 Jan 2012)


Well good to know Samsung is getting a little something. AT&T has already stopped selling the GS2 so it's my guess these will all be discontinued by December

posted on 28 Aug 2012, 23:01 10

4. networkdood (Posts: 6223; Member since: 31 Mar 2010)


GS2 was stopped for software patent, not the way it looked, right? Because, there is no way in hell that a witless nerfherder could confuse that phone for the puny, outdated iOS iphone.

posted on 28 Aug 2012, 23:07 6

8. -box- (Posts: 3693; Member since: 04 Jan 2012)


Neither, actually. It's been out for almost a year, and has been succeeded by the Skyrocket, Note, GS3, and soon the Note 2. Set expiration. Friend at a store said they stopped selling them about a week ago anyway

posted on 28 Aug 2012, 23:44 1

12. remixfa (Posts: 13902; Member since: 19 Dec 2008)


yea, it was just the P2Z and maybe some TW icons i think

posted on 29 Aug 2012, 00:22 2

14. Droid_X_Doug (Posts: 5482; Member since: 22 Dec 2010)


Guess how many other Sammy phones will be EOL'd by December?

One more thing - the hearing may be moot if the court of appeal for the 9th circuit stays the hearing pending appeal....

Not a good thing for Apple.

posted on 28 Aug 2012, 23:03 9

5. wendygarett (unregistered)


Ha!!! Take that Apple!!!

posted on 28 Aug 2012, 23:04 12

6. e.wvu (unregistered)


It's funny, because by December most, if not all, of the devices that Apple want banned will likely be discontinued anyway. Congrats Apple!

posted on 29 Aug 2012, 01:35 8

18. The_Godfather (Posts: 146; Member since: 26 Apr 2012)


Apple thinks it can increase its sales for the next iPhone (same design but different name ) by banning Sammy's smartphones which can't happen. By that time Sammy would stop manufacturing those phones on its own. Another failure for Apple here

On the other hand Apple is loosing its reputation from the market and moreover customers as well.

In near future every company would have its slogan like

"Inspired by this...sued by "Apple" lolzzzz.Best of luck Sammy and I am one of them who'd buy Note 2 :)

posted on 28 Aug 2012, 23:05 7

7. networkdood (Posts: 6223; Member since: 31 Mar 2010)


Apple will also be asking for over 3 billion due to supposed willful copying of the iphone...lol.
Congrats APPLE you lost yourself a customer...a potential one at best.

posted on 28 Aug 2012, 23:29 2

11. Contreramanjaro (Posts: 153; Member since: 04 Dec 2011)


I feel the same way, except I love the Macintosh operating system. For all its weaknesses, it strangely feels more open than Windows. I haven't looked to see what is actually more open but as it stands, Mac OS is great. iOS is a pile of crap with a very smooth interface.

posted on 29 Aug 2012, 00:22 3

13. fr33h33l (Posts: 7; Member since: 17 May 2012)


Well, then you'll be disappointed to hear that Apple is taking Mac OS X more and more in the direction of iOS. Very soon the perceived openness you are referring to will be replaced with locked down installs and content acquisition, unwarranted swiping and dumbed down choices (e.g. no Save As).

Please read up on Mountain Lion and see for yourself.

posted on 29 Aug 2012, 11:40

24. Contreramanjaro (Posts: 153; Member since: 04 Dec 2011)


All of OSX has been open like it is but with a shield for the average user. I'm in college in telecommunications and this is what I notice. There are two main groups of Mac users: those that use it as a web browser machine with a big battery and those that use the machine to its very limits with things like Photoshop, Final Cut, Pro Tools and various sort of editing/coding/virtual OS tools.

What I'm saying is that while on the surface, it looks more user restrictive and simple, these are features for the people that want the trio (iPhone, iPad, MacBook Air and a stupid iCloud subscription) and don't care about customization and openness.

There are tiers of software. iMovie vs. Final Cut. iWeb vs. Dreamweaver. iPhoto vs. Photoshop. Garage Band vs. Logic Pro. The point is, the options are there, but 90% of users have no care for them and don't know about them.

Mountain Lion takes nothing away, only adds.

posted on 29 Aug 2012, 08:21 1

21. -box- (Posts: 3693; Member since: 04 Jan 2012)


Just go for Linux; it's what OS X is based on anyway. Enjoy open source!

While you're at it, since Android is also based on a Linux kernel, convert to that, too

posted on 29 Aug 2012, 11:31 1

23. Contreramanjaro (Posts: 153; Member since: 04 Dec 2011)


Wrong. Mac OS is based on BSD. Also, waiting for Linux to get close enough compatibility to work for everything I need. Wine is good but not quite good enough.

posted on 29 Aug 2012, 16:50

27. jroc74 (Posts: 4676; Member since: 30 Dec 2010)


Ok....how about OS X based on Unix then...just like Linux and Android.

6 degrees of separation n all....

posted on 29 Aug 2012, 21:13 1

29. Contreramanjaro (Posts: 153; Member since: 04 Dec 2011)


That's fine. Just had to say it.

posted on 29 Aug 2012, 06:42

20. frydaexiii (Posts: 1175; Member since: 01 Dec 2011)


Yeah, Apple just turned potential customers into downright boy cotters.

posted on 28 Aug 2012, 23:09 7

9. networkdood (Posts: 6223; Member since: 31 Mar 2010)


Yeah, looks like banning GS2 due to software infringements - easy fix....

posted on 28 Aug 2012, 23:20 1

10. ObjectivismFTW (Posts: 211; Member since: 03 Jul 2012)


Maybe Koh finally found her thinking cap o_0

posted on 29 Aug 2012, 00:30 3

15. Mxyzptlk (Posts: 3200; Member since: 21 Apr 2012)


I don't see benefit of delaying this.

posted on 29 Aug 2012, 13:37 1

25. tedkord (Posts: 4188; Member since: 17 Jun 2009)


Here's a possibility. Koh, who warned Apple prior to the end of the trial that this would end badly for both firms, was as blindsided by the ridiculous verdict as any sane person. She saw the merit in Samsung's defense, and was expecting a realistic, split decision. Since then, she's also heard the idiotic juror comments about skipping prior art, even though they believed there was some, and about not following the instructions on damages, which are supposed to be compensatory, not punitive.

So, she's tabled the ban division for several months, so she can firstly remove the preliminary ban on the Tab, which like in the UK was found not to be a copy of the iPad. And secondly, she's going to vacate some of the verdict, as she knows no reasonable jury could have arrived at it (without a bullying foreman who owns an Apple like patent on pretty much any TiVo like device because of its broad nature.)

posted on 29 Aug 2012, 13:40 1

26. remixfa (Posts: 13902; Member since: 19 Dec 2008)


That sounds great, but her track record doesnt give one much faith. If she doesnt over turn something though, I'd be surprised.. especially in light of the super talkative jury's statements.

keep talkin guys!!! lol

posted on 29 Aug 2012, 16:51

28. jroc74 (Posts: 4676; Member since: 30 Dec 2010)


Of course you wouldnt see the benefits of this....what else is new?

posted on 29 Aug 2012, 01:04 2

17. fr33h33l (Posts: 7; Member since: 17 May 2012)


By December not even a Californian court can rule that having these devices on the market would cause irreparable damages to Apple

posted on 29 Aug 2012, 03:00 2

19. tiara6918 (Posts: 1318; Member since: 26 Apr 2012)


I hope judge koh would end up banning the iPhone 4s and iPad 2 just like in south korea because it did violate a patent from Samsung

posted on 29 Aug 2012, 08:23

22. -box- (Posts: 3693; Member since: 04 Jan 2012)


Yes, and the "new" ipad and the upcoming iphone as well

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