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Samsung bid for stay on injunction fails; Apple turned down by ITC for emergency ban on HTC devices

Posted: , by Alan F.

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Samsung bid for stay on injunction fails; Apple turned down by ITC for emergency ban on HTC devices
Last week, Judge Lucy Koh granted Apple's request for an injunction on the Samsung GALAXY Tab 10.1. Samsung, of course, decided to ask for a stay of the injunction while it was appealing the original decision. At the same time, the Korean based manufacturer listed a number of rulings that it took issue with. But the argument was all for naught as Judge Koh on Monday refused Samsung's request for a stay on the injunction. Judge Koh's decision is not the end of  the line for Samsung as the latter's appeal with a federal appeals court in Washington, DC could also yield a stay of the injunction. The court has exclusive jurisdiction over IP matters.

Apple's attempt to ban the HTC EVO 4G LTE was rejected

Apple's attempt to ban the HTC EVO 4G LTE was rejected

The tablet at the center of this legal fight, the Samsung GALAXY Tab 10.1, has already been replaced with a sequel model. From January through March of this year, Apple sold 13.6 million Apple iPads to control 63% of the market. During that same time period, Samsung sold 1.6 million tablets for a 7.5% share. For those legal eagles, the case in U.S. District Court, Northern District of California, is Apple Inc v. Samsung Electronics Co Ltd et al, 11-1846.

Meanwhile, Apple lost one in court as the ITC refused to issue an emergency ban requested by Apple, against HTC devices. Previously, an ITC exclusion order had blocked both the HTC One X and HTC EVO 4G LTE from entering the States temporarily. Apple wanted to once again ban the two high-end models from entering the States claiming that HTC made false statements in order to bypass the previous exclusion order. Yesterday, the ITC said it would continue to investigate to see if HTC's devices infringe on Apple patents, which would violate December's exclusion order. Until such a ruling is made by the ITC, HTC can continue to ship its top models into the states.

source: Reuters, Bloomberg

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posted on 02 Jul 2012, 23:43 29

1. kartik4u98 (Posts: 511; Member since: 19 May 2012)


Judge Lucy Koh is a mindless iSheep!!

posted on 03 Jul 2012, 00:11 8

9. darkkjedii (Posts: 10533; Member since: 05 Feb 2011)


No she's a judge that must follow the law.

posted on 03 Jul 2012, 00:48 4

16. tahnik (Posts: 132; Member since: 17 Jul 2011)


Lol...Now a judge is a sheep....

posted on 03 Jul 2012, 04:13 5

34. Phullofphil (Posts: 800; Member since: 10 Feb 2009)


It's not the judge it's the patent system. Those patents should not be alowed for stuff that is natural to a smartphone. At the most there should be a small fee for using the idea but it's getting rediculas what sombody can patent as an assist. Really talking to your phone and having it recognize you and responding back has been around for a long time. Apple did not com up with it. Google didn't even come up with it but googles works better it just don't talk back. It's been on computers I had an app n my older windows mobile phone. It worke like crap but it was there. I don't blame apple. They are just protecting there pattent they paid a lot for. It's all about the pattent laws and rules that alow a patent to be awarded. Samsung new what they were doing when they violate such patients. But really what other shape can you make a smartphone. I guess an trapezoid phone would be bad ass. Apple does the Sam thing and uses other peoples ideas and than patients it as there own. It's all apart of the game and the us pattent office lets it happen and and makes it rediculas to have real compition. (side note is that it's freaking so obvious Samsung is copying what apple is doing to the point of being sick inning) but that is how it's always been. Sombody makes somthing and the next guy tries to improve it. Maybe I should pattent houses that way every body with a house should have to pay me a hundred dollars a day for using it

posted on 03 Jul 2012, 10:36 1

45. NexusKoolaid (Posts: 287; Member since: 24 Oct 2011)


The patent system is out of control, but that's not to say a judges hands are tied. In the Apple Vs. Motorola dispute judge Posner (sp?) managed to get it right.

posted on 03 Jul 2012, 07:12 3

44. som (Posts: 768; Member since: 10 Nov 2009)


Judge Koh is Tim Cooks mistress.

posted on 03 Jul 2012, 11:29 1

46. InspectorGadget80 (Posts: 6249; Member since: 26 Mar 2011)


don't forget also a mindless iZombie

posted on 02 Jul 2012, 23:48 24

2. Birds (Posts: 972; Member since: 21 Nov 2011)


Lucy Koh, Well.....APPLE SUCKS!!! If you can let HTC slide, Let Samsung slide to.... And I don't care how many people thumbs me down...This is my opinion!!!

posted on 02 Jul 2012, 23:53

3. jove39 (Posts: 1264; Member since: 18 Oct 2011)


Totally expected...bad for Samsung & Google.

posted on 03 Jul 2012, 00:10 5

8. Birds (Posts: 972; Member since: 21 Nov 2011)


I also find it it irionic that every phone infringes on a iPhone but the iPhone doesn't infringe on any patent. I guess the iPhone is straight perfection. it is just way better then the Samsung Galaxy SIII. And I'm not being sarcastic at all. (;

posted on 03 Jul 2012, 00:18 5

12. jove39 (Posts: 1264; Member since: 18 Oct 2011)


iPhone does infringe on some 3g patents...but those patents are covered under FRAND that saves Apple's ass...Apple will end up just paying some royality in the end...request for ban based on frand patents won't be considered!

posted on 03 Jul 2012, 00:22 4

13. tedkord (Posts: 4507; Member since: 17 Jun 2009)


Well, that depends on whether Apple is negotiating in good faith. I get the feeling Apple thinks FRAND means free.

posted on 03 Jul 2012, 00:03 9

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


This whole situation is becoming ludicrous, Apple is clearly unable to face the reality that the mobile computing industry is rising to and above the Apple standard. This dog needs to be put on a leash

......I suspect Koh must be getting iPaid......

posted on 03 Jul 2012, 11:30 1

47. InspectorGadget80 (Posts: 6249; Member since: 26 Mar 2011)


not put a leash this dog needs to PUT TO SLEEP

posted on 03 Jul 2012, 00:03 6

5. sarb009 (Posts: 286; Member since: 15 Jun 2011)


All request of banning other products by apple would be denied like this except that the judge is a sheep or has taken bribe.

posted on 03 Jul 2012, 00:06 4

6. RORYREVOLUTION (Posts: 2941; Member since: 12 Jan 2010)


Lol I am so sick of hearing about these patents. I would laugh if Apple started targeting any phone related websites that discuss leaked photos and Specs of Apple products.

posted on 03 Jul 2012, 00:16 6

11. Birds (Posts: 972; Member since: 21 Nov 2011)


lol, I'm begging you. Please don't give Apple ideas.

posted on 03 Jul 2012, 00:10 2

7. jove39 (Posts: 1264; Member since: 18 Oct 2011)


Hold on...just think before you call names for a Judge...Samsung executives need to do a case study/survey and come up with real world data -

Per Apple, Galaxy Nexus has features on which they have patent -

1. Slide to unlock
2. Data tapping
3. Unified Search

Now we need to know...how many people bought Galaxy Nexus because above mentioned three features are available...and if these features were not available in Galaxy Nexus...they would have bought iPhone...there by causing harm to Apple!

@Phonearena - You need to do a survey regarding this so that we can get a opinion of other people (who own Galaxy Nexus or Android in general), if above mentioned three features have influenced there decision to buy Galaxy Nexus instead of iPhone.

posted on 03 Jul 2012, 01:50 1

24. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


I have another question. Why doesn't Google remove these so called useless patents?

posted on 03 Jul 2012, 02:15 1

28. jove39 (Posts: 1264; Member since: 18 Oct 2011)


They will in the end...but thats not point...my point here is...are these patents good enough to ban sale of a product?

posted on 03 Jul 2012, 02:44 1

31. andro. (Posts: 1936; Member since: 16 Sep 2011)


Especially "emergency banning",its like if apple would face a fatal allergic reaction if the competing HTC phones went on sale

posted on 03 Jul 2012, 00:13 2

10. zhypher_23 (Posts: 195; Member since: 04 Jun 2012)


Someone should make a video protesting against Apple's Ridiculous Reason+Lawsuits+Stolen Patents to all other companies, Any brave iSheep willing to do this? To make Apple wake up from their marketing dreams? The Apple Company should know that their customers hate these childish sue doings.

posted on 03 Jul 2012, 00:39 7

14. Rocksteady (unregistered)


I feel kind of sorry for people in the united states.
If this continues, then you are gonna have to choose your device from the following list:
Apple Iphone 5.
Apple Iphone 4s.
Ipad 3.
Ipad 2.
Nokia 1100.

posted on 03 Jul 2012, 00:42 5

15. gallitoking (Posts: 4684; Member since: 17 May 2011)


yes!!...

posted on 03 Jul 2012, 00:59 10

17. wendygarett (unregistered)


Hell no!!!!

posted on 03 Jul 2012, 01:01 3

19. gallitoking (Posts: 4684; Member since: 17 May 2011)


sorry ...but yessss

posted on 03 Jul 2012, 04:08 1

33. 09wbd03516 (banned) (Posts: 140; Member since: 30 May 2012)


Ther will be no necessary... because iPhone is growing drastically, according to comScore.com
Also survey find that 1.7% of that growing is probably from Android user...

posted on 03 Jul 2012, 01:01 5

20. Sackboy117 (Posts: 178; Member since: 17 Oct 2011)


Spongebob . . . :)

posted on 03 Jul 2012, 01:34 1

22. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Another legal victory for the amazing AAPL! When this first started I didn't think it was realistic for Apple to ban Samsung products, but now it looks like it will happen and I couldn't be happier.

Judge Lucy Koh for president!

posted on 03 Jul 2012, 02:34 2

30. VZWuser76 (Posts: 1301; Member since: 04 Mar 2010)


See, remember when I commented on the article where Apple was possibly seeing the ban of their products by Moto, and I said that I don't want to see anyone lose choices. So now here you are happy as can be that I may lose my choices. At this point I have lost any respect I could've had for what you have to say. I've tried to have intellectual arguments with you, but you're having none of that.

I swear, reading the comments section here on PA, I'm starting to hope the Mayans are right and the world gets the enema it's needed for awhile now.

posted on 03 Jul 2012, 11:40 1

50. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Yes I'm happy Samsung is getting banned. Apple tried to reason with them, but Samsung won't stop with the infringement. Apple has no choice.

posted on 03 Jul 2012, 05:46

42. Izoe (Posts: 104; Member since: 02 Sep 2010)


Apple should neva have been awarded the slide to unlock patent in the first place

http://www.androidcentral.com/apple-granted-patent-slide-unlock-even-though-it-existed-2-years-they-invented-it

cant we all just get along?

posted on 03 Jul 2012, 11:31 1

48. InspectorGadget80 (Posts: 6249; Member since: 26 Mar 2011)


you can't even spell Apple right how sad

posted on 03 Jul 2012, 02:10 1

26. Tmachaveli (Posts: 425; Member since: 01 Apr 2011)


You out you fruity a**mind if you think thats going to happen

posted on 03 Jul 2012, 01:01 9

18. wendygarett (unregistered)


No oneX?? No problem... Even the lower spec oneS can beat Apple down!!!!

posted on 03 Jul 2012, 01:07 2

21. tiara6918 (Posts: 1356; Member since: 26 Apr 2012)


It's a good thing apple failed in banning the htc devices but I hope that samsung would have a chance on the galaxy tab 10.1 and galaxy nexus

posted on 03 Jul 2012, 01:35 1

23. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Trolls continue to make ridiculous statements that Apple is committing a federal crime and bribing the judge.

posted on 03 Jul 2012, 05:45

41. plgladio (Posts: 311; Member since: 05 Dec 2011)


Taco: One question to you, are you happy on banning the devices?
Do you find any technical patent infringed?
I personally feel this as a kindergarden kid "teacher he is seeing me"

posted on 03 Jul 2012, 11:41

51. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Look at yesterday's article for 11 patents that Apple has won on in court against android.

posted on 04 Jul 2012, 03:57

54. plgladio (Posts: 311; Member since: 05 Dec 2011)


Can you please list the patents?

posted on 03 Jul 2012, 06:37

43. Tmachaveli (Posts: 425; Member since: 01 Apr 2011)


just shut up all ready

posted on 03 Jul 2012, 11:44

52. InspectorGadget80 (Posts: 6249; Member since: 26 Mar 2011)


you're the BIGGEST troll on this site and I'm sure PhoneArena like guys like you and galitoking trash talking bout Android

posted on 04 Jul 2012, 04:01

55. plgladio (Posts: 311; Member since: 05 Dec 2011)


No that shouldn't be, let them talk. I just want to know from them that did Apple is the first to make phone with touch and have those techinical things?
Since they are having more money they are infringing and buying patents and sue'g other companies for using it.
That is not a fair play.
This is what they should understand.
iOS have few good things so do Android, Why they are not understanding that is my feeling..

posted on 03 Jul 2012, 02:01 3

25. matrix_neo (Posts: 307; Member since: 03 Nov 2011)


Why still apple wants to ban those products from samsung and htc if they are already earning millions of money? It only shows that they are afraid of competition. For sure their huge followers a.k.a. sheep, still buy their products even it's outdated like their iOS 6 or say iOS Eclair. Be fair apple you don't own the world, and people will not let you own it. I hope you will never succed in any of these litigations.

posted on 03 Jul 2012, 02:12 2

27. frydaexiii (Posts: 1213; Member since: 01 Dec 2011)


I hope they ban Samsung, HTC and every other brand from the US. Then the US can be the North Korea of mobile tech. You guys keep with your closed, 3G, stalled technology and conformity while the rest of the world enjoy open, constantly evolving technology. Apple don't touch Android's tech and Android won't...wait Android already doesn't take anything from Apple.

Samsung and every other Android manufacturer doesn't need to put up with this crap and put so much effort in their devices and in the end getting banned just because they are luring customers away from the home company.

posted on 03 Jul 2012, 11:38

49. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Android doesn't take from Apple?

Please refer to yesterday's article of 11 patents that google has lost in court to Apple.

That's 11 confirmed cases of google copying.

posted on 03 Jul 2012, 21:52

53. frydaexiii (Posts: 1213; Member since: 01 Dec 2011)


Please refer to my comment in said article fool. You can't steal what they didn't create either.

posted on 03 Jul 2012, 02:16 1

29. Tmachaveli (Posts: 425; Member since: 01 Apr 2011)


some ppl are just dumb on this website...

posted on 03 Jul 2012, 03:13

32. MARKSPEAR77 (Posts: 40; Member since: 24 Nov 2011)


if that case not to be solve and it so happen apple reign over USA only, maybe the things come to be bored at all for USA, because all you can see in the market of USA, apple products only and im sure apple will make it over price. Good lack USA people.

posted on 03 Jul 2012, 04:40 1

35. Ravail (Posts: 181; Member since: 14 Oct 2011)


Sorry Apple, ill get my androids regardless if you ban the sales of them. Black market ftw ;)

posted on 03 Jul 2012, 04:43

36. Mube1 (Posts: 153; Member since: 22 Sep 2011)


Ripen icrap judge shame on u lol

posted on 03 Jul 2012, 05:03 1

37. RapidCat (Posts: 351; Member since: 12 Jun 2012)


I'm enjoying this patent war.
dont worry about banning samsung htc android product
US people stil have LG, Hwawei and another phone company

posted on 03 Jul 2012, 05:34 1

38. wendygarett (unregistered)


SHH!!! If apple listen then they are in trouble too :(

posted on 03 Jul 2012, 05:39 1

39. marchels14 (unregistered)


what that bitc* apple is doing ,now htc is copying them ,in their mind everybody is copying that i brick, but in real life that's not happening, who wants to clone that thing.

posted on 03 Jul 2012, 05:44

40. marchels14 (unregistered)


what that bitc* apple is doing ,now htc is copying them ,in their mind everybody is copying that i brick, but in real life that's not happening, who wants to clone that thing.

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