Apple denied preliminary injunction against Galaxy Nexus, Galaxy Tab 10.1N

Apple denied preliminary injunction against Galaxy Nexus, Galaxy Tab 10.1N
A court in Munich has rejected Apple’s request for a preliminary injunction against the Samsung Galaxy Nexus, as well as the redesigned Galaxy Tab 10.1N. Apple will still get a chance to win the case when it goes to trial, but the repeated failure of both sides to get and maintain preliminary injunctions calls into question the wisdom of such a strategy.

A preliminary injunction – wherein a court allows you to temporarily ban a competitor’s product until a final ruling is handed down – can be a powerful tool to halt sales in the fast-paced mobile devices market. A two month injunction leading up to the holidays, for example, could cost a company the majority of sales for one product cycle, especially when newer phones (or tablets) may be introduced in 4-6 months.

But so far the attempts at a preliminary injunction have largely met with failure. Samsung as yet to win a single preliminary injunction against Apple in the European theater of war….err…litigation, and while Apple won one against the Galaxy Tab 10.1, the redesigned 10.1N appears likely to escape.

According to Florian Mueller of FOSS Patents, Apple most likely selected the Munich court for this attempt because of the presumed friendliness of the Munich court to preliminary injunctions. Yet the court turned down the attempt, with the presiding Judge stating: “Samsung has shown that it is more likely than not that the patent will be revoked because of a technology that was already on the market before the intellectual property had been filed for protection.

We have a suggestion for Apple and Samsung: Lay off the preliminary injunction requests. You lawsuits aren’t making friends with anyone, it’s almost impossible to know which tech patents are valid until a verdict is reached, and you hurt customers when you reduce their product choices without even securing a court ruling.

So stop it, and get back to winning consumers’ hearts by building a superior product, rather than preventing stores from stocking someone else’s mobile gadget.

source: Bloomberg, FOSS Patents

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24 Comments

1. jmoita2

Posts: 930; Member since: Dec 23, 2011

lol!!! Eat it,Apple!!!

18. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

Other than a couple of recent iterations, things haven't exactly been going Apple's way on the patent front. Even Germany is not entirely in Apple's camp. But I will bet the attorneys have got college funds in place for their kids as a result of the litigation.

2. squallz506

Posts: 1075; Member since: Oct 19, 2011

what patents is the GNex suspected of infringing? nice try apple.

3. GALAXY-S

Posts: 701; Member since: Jun 07, 2011

slowly but surely apple get peoples hate for using this strategy of competition

7. JeffdaBeat unregistered

Actually, if you ask the general public, the vast...VAST majority of them have no clue this is going on. Apple will be just fine.

11. GALAXY-S

Posts: 701; Member since: Jun 07, 2011

yea exactly, the VAST majority doesnt know YET , but in time they will.. and im making sure they know aswell for those that are not informed

13. JeffdaBeat unregistered

Apple has been suing people for years now. Apple's lawsuits aren't as interesting as the next Apple product...which is why no one really knows what's going on. But...whatevs. Do what you'd like man.

4. ivanko34

Posts: 617; Member since: Sep 04, 2011

very sad day for apple fans if germany is no more friend with the apple gestapo

5. gallitoking

Posts: 4721; Member since: May 17, 2011

"So stop it, and get back to winning consumers’ hearts by building a superior product, rather than preventing stores from stocking someone else’s mobile gadget."- as far as i know Apple is not violating any laws by doing this.. is in their right to do whatever they pleased if it is within the law.. so PA stop with this nonsense... they are within their right... and they have more than a year doing it.. and based on sales.. consumer dont care.. as long the released a new iphone every year and a redesign every 2 years I am happy.. and so is millions of current Apple consumers...

8. Scott_H

Posts: 167; Member since: Oct 28, 2011

You're also within your legal rights to not hold the door open for little old ladies - that doesn't make it a stance we endorse. Both companies are completely within their legal rights in asking for preliminary injunctions, but that doesn't change the fact that it's an anti-consumer move.

9. gallitoking

Posts: 4721; Member since: May 17, 2011

usually companies dont cater to consumer. even though we are the ones that buy their product... so get back at me when Moto has unlocked the bootloaders on their cell phones.. like they promised... another anti-consumer move.. I can go on and on about companies that have little regard for consumers... all comoanies are out for money and.. as consumer either you buy the product or dont buy it...

10. medicci37

Posts: 1361; Member since: Nov 19, 2011

@gallitoking I see you are exercising your right to be a Asshole! You sound like one of the 1%.Thinking people are supposed to stop commenting because you tell them 2. Lol

17. stealthd unregistered

Nothing more stupid than someone who laughs at their own post, which doesn't make sense.

12. baaam

Posts: 61; Member since: Jan 06, 2012

you talk like you own one!! LOL

21. atheisticemetic

Posts: 377; Member since: Dec 18, 2011

PA stop "nonsense" that lets people know how foolish these companies are behaving? you're right people with either buy a product or not, but what ultimately defines my decision is the integrity of the product and how they go about doing their business you are an Apple troll....try working for one of apples sweatshops and we'll talk

6. mukrenol

Posts: 92; Member since: Sep 03, 2011

hee hee... apple must have tick off the judge whom wanted to buy a samsung tablet but could not because of the stupid injunction and good one PA finally seeing that the companies should focus on products and customers and not trashing each other in court

14. jove39

Posts: 2147; Member since: Oct 18, 2011

Apple is so obsessed with their current iOS devices...that they can't think of anything new now...(don't start with iCloud and Siri...things like that are in existence from years) and trying to prevent other companies from making successful products...Apple should now get out of money wasting work ethics and start in believing a market where healthy competition exist.

15. frydaexiii

Posts: 1476; Member since: Dec 01, 2011

Apple is kinda like a kid who's been home schooled his entire life, and when he goes to work in public, he whining and bitching about how horrible the world is...

16. NewForce

Posts: 3; Member since: Feb 01, 2012

Not again crazy Apple bast***. Just please try to remeber, "Apple Invented nothing, but only re-invented OTHER PEOPLE INVENTION". So Apple are just "A GREATEST COPYCAT OF ALL TIME" company. Tim Cook should be more man and man by himself than the mad Steve Job. He should also be man enough to put a stop to this craziness started by crazy Steve. Cellphone industry are so peaceful before Apple came into the play. It's just like all other products like Car, Truck, Motocycle, Bicycle, TV, Washer, Video Recorder, Digital Camera you named it was never in the situation like what the crazy Apple did. Maybe Apple should be banned from making any cellphone or mobile tablet devices. Apple, it's not 1st of April yet, so please stop your Apple foolishness will ya?

19. thinking

Posts: 130; Member since: Jan 19, 2012

"“Samsung has shown that it is more likely than not that the patent will be revoked because of a technology that was already on the market before the intellectual property had been filed for protection.” This proves that Apple STOLE technology. Ideally, by Apple's standards, their products should be banned from sale.

20. atheisticemetic

Posts: 377; Member since: Dec 18, 2011

im thinking i wont buy an apple or samsung product again... silly children, when will they grow up?

22. troybuilt

Posts: 155; Member since: Dec 16, 2011

Apple's strategy. Take out the competition through the courts and ban the sales. Make Apple the only device in all retail locations. I think Apple is upset because they didn't come up with the Android OS, so they want to take every company to court to ban their sales. They don't want competition.

23. troybuilt

Posts: 155; Member since: Dec 16, 2011

lol @atheisticemetic it's not Samsung, it's Apple. Samsung had nothing to do with it till Apple started taking them to court for their puny patents. Samsung makes great products.

24. InspectorGadget80 unregistered

I GIVE APPLE N GALLITOKING A BIG f**k U!

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