Apple wants December 6th motions hearing moved up

Apple wants December 6th motions hearing moved up
Originally, Judge Lucy Koh was to hear on September 20th, Apple's motion for a preliminary injunction on the Samsung devices that the jury ruled had infringed on Apple patents. But when the judge discovered that Apple would be seeking a preliminary injunction on 8 Samsung devices, she decided that other post-trial motions should be listened to first and pushed back Apple's hearing to December 6th. The judge decided that September 20th would be the date when Samsung requests that a preliminary injunction on the Samsung GALAXY Tab 10.1 be dissolved. The judge had placed the ban on the tablet pre-trial, based on her decision that a jury would probably find that the device copied Apple's design. Instead, the jury ruled that the tablet did not violate Apple's design patents for the iPad, although it did find that the unit infringed on Apple's software patents.

Apple is upset with the change in the hearing dates because it would allow Samsung to sell some of the products in question during most of the holiday shopping season. The company also says its motion for "injunctive relief" is more urgent that Samsung's request to dissolve the preliminary injunction on the Samsung GALAXY Tab 10.1. Apple says that Samsung's motion should not be heard before its motion.

Both sides have their Rule 50 motions to argue. These are motions heard by the judge, requesting changes in the jury verdict.  For Samsung, it is seeking to overturn the jury's decision. For Apple, it will argue that the Samsung GALAXY Tab 10.1 is an Apple iPad look-alike and would like the judge to direct a verdict against Samsung for infringing on Apple's design patents. That would allow Apple to keep the U.S. sales ban on the tablet. That injunction not only blocks Stateside sales of the GALAXY Tab 10.1, but also "any future products that are no more than colorably different," which is why the Samsung GALAXY Tab 10.1N can't be sold in the States. That tablet was rolled out by Samsung in Germany to get around an injunction in that country. The difference between the two tablets is the metal trim that was added to the Samsung GALAXY Tab 10.1N.

Additionally, citing Judge Koh's pre-trial decision that the Samsung GALAXY Tab 10.1 infringes on Apple patents, and the words of Circuit Court Judge O'Malley's dissenting opinion that the tablet did infringe on Apple's IP, the iPad manufacturer is seeking a permanent injunction on Samsung's tablet.

source: FOSSPatents via electronista

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GALAXY Tab 10.1
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  • Camera 3 MP / 2 MP front
  • Storage 32 GB
  • Battery 6800 mAh

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67 Comments

1. Savage unregistered

Of course I can tell which tablet is which. Look at the Samsung logo plus the screen on the Galaxy tab isn't wasted by just displaying 5 icons per row.

6. SlimSoulja86

Posts: 660; Member since: Nov 03, 2011

I just wonder if all this will ever stop and we are allowed to just enjoy innovative technology that will make our lives easier. I'm embarrassed for Apple. They are loosing our support as Apple products lovers, bcos if they keep winning, they will not have competitors, and without competitors, there is no one to compete with, which means you dont bring your A game into the field (with your USP), which means less exiting innovations.

20. dragonscourgex

Posts: 307; Member since: Jan 16, 2012

It could have ended. But, nine morons let it continue on.

32. serious9010

Posts: 254; Member since: Jul 20, 2012

@SlimSoulja86: You have the Apple profile pic only because it seems to add more weight to your anti-apple comments. You might as well put your fandroid profile pic back on. Fraud.

40. Googlethis

Posts: 179; Member since: Jul 05, 2012

How is he a fraud when he is correct it is embarasing that apple keeps getting into lawsuits. He supports apple but dose not want the compition to go away cause it will mean they don't have to work as hard to show up the compition each year. it also tarnishes there public image as well. Apple the great patent troll is that what you want your company to be known as a patatent troll or how about anti competative. i can understand the fact why they are sueing but not how they got some of there patents in the first place such as a patent on rounded edges and swipe to unlock etc.

52. jroc74

Posts: 6023; Member since: Dec 30, 2010

You dont have to worship and kneel before Apple and their products to like and use em. Slim is an example of an Apple, iPhone user....I have a feeling you would be an example of an iFan.

57. serious9010

Posts: 254; Member since: Jul 20, 2012

Nope. I just dislike the way he tries to make his arguments more valid. It is like if I were to say to you that I don't even use Apple products, just to add weight to my comment. I have a reason to believe, he is infact an Android user trying to sneakily hate on Apple.

61. wassup

Posts: 565; Member since: Jun 23, 2011

You do know that even users of iproducts are starting to realise that apple is a rotten company ... So, he might not be lying, he is just smart

67. 305Bucko

Posts: 506; Member since: Aug 07, 2011

NGL I am an iPhone owner. NGL I dont like apples practices and business ethics (let alone iOS) I sympathize with SlimSoulja, and commend him on being brave enough to use that as his avatar amongst so many raging Android users.

8. neutralguy

Posts: 1152; Member since: Apr 30, 2012

only a moron can't differentiate the two. put "i" on that moron.

34. serious9010

Posts: 254; Member since: Jul 20, 2012

That is not true. Sure, people interested in technology can differentiate the two, but people who don't give a f**k about tech mostly can't and not because they're stupid, they just see two extremely similar tabs infront of them.

42. MartyK

Posts: 1043; Member since: Apr 11, 2012

SO they can see the BIG AZZ PICTURE of a APPLE on the FRONT or BACK of the TABLET or Phone?. SO when the buy a TV they don't have a clue who the manufacture of the TV, Car, Refridgerator, Blu-ray player? Dang people are STUPID!..maybe they should be ban from buying food too (box of cereal can be confusing) SMH

44. picka_vi_materina

Posts: 174; Member since: Nov 21, 2011

So, what your trying to say is that all tablets are the same? They have large screens, tiny bezels and rectangle designs. Also, those average Joes you refer to, know the difference between Samsung and Apple for sure. They buy a Samsung because they want a Samsung, they buy an Apple because they like fruits.

43. redsox420

Posts: 90; Member since: Aug 27, 2012

Apple used that same analogy in court. They blamed the consumers who bought products @ BestBuy who couldn't tell them apart. They (consumer) thought they were buying the others product. I lay blame completely on the sales people and the buyer for not verifying what you A: Want and B: What you are paying for. Consumers are dumb.. They like shiny and mesmerizing without doing their own homework. Its no wonder why most people end up complaining about their choices, they fail to do their homework before their purchase. I can tell them apart easily. Apple uses a 3d effect dock on every iphoney and imaxipad, plus they aren't even the same physical size and the icons give it away

45. picka_vi_materina

Posts: 174; Member since: Nov 21, 2011

It says Samsung on the device consumers bought. They sure as hell know how to read and what company Samsung is.

59. serious9010

Posts: 254; Member since: Jul 20, 2012

@pička_ti_materina I still think the aforementioned tablets are too similar.

63. picka_vi_materina

Posts: 174; Member since: Nov 21, 2011

I still say all humans look like me. Shall I patent my design and sue everyone that looks like a human being?

25. som

Posts: 768; Member since: Nov 10, 2009

All people in the World must boycot and stop buying Apple is copycat company. Apple is trying to destroy Samsung smartphone business while currently Apple have no new iPhone to sale. Samsung must stop doing business with crazy rotten Apple.

48. bucky

Posts: 3776; Member since: Sep 30, 2009

I think a huge ruling that just came would say otherwise.

50. tedkord

Posts: 17311; Member since: Jun 17, 2009

Let's just wait and see how much of the ruling withstands appeal. I wouldn't be surprised to see Judge Koh invalidate a good portion of it. It obvious from her warnings to Apple prior to the end of the trial that she saw merit in some of Samsung's defense, as she thought it would end badly for both sides.

55. stealthd unregistered

It's amazing people are this delusional. Samsung copied Apple. Get over it.

60. tedkord

Posts: 17311; Member since: Jun 17, 2009

No more than Apple copied LG (Prada), Palm (grid of icons with several docked at the bottom), Neonode (side to unlock), the iPad design (Fidler's tablet) and so on.

65. bucky

Posts: 3776; Member since: Sep 30, 2009

There is a 100+ page book that lets you know who copied who. Samsung even as far as to hire the same girl from apples commercials. Ever seen a Samsung store? Looks very familiar to another store but I just can't put my finger on it... I love my sgs2 as much as my iPhone but Samsung need to work on a different image. Even htc users will tell you that.

27. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

How about 4:3 vs. 16:9 (aka the Sammy tablet is taller and not as wide as iPad) form factor? It will be interesting to see how Koh decides the Rule 50 motions. Decisions for Sammy will indicate the judge doesn't agree with the jury verdict, which won't be good for Apple's chances on appeal.

56. stealthd unregistered

So you think as long as it has the Samsung logo on it, it doesn't infringe anything? So they could literally just take an iPhone, put the Samsung logo on it, and you think it wouldn't be guilty of anything? Brilliant.

66. Savage unregistered

Samsung's Tab looks nothing like an iPad. Plus the people have a very nasty habit of displaying the app drawers and they conveniently ignore the Galaxy Tab's home-screen. If that argument were even valid, every tablet in the market looks like an iPad. I suggest you use them both and see for yourself.

69. jroc74

Posts: 6023; Member since: Dec 30, 2010

Exactly. The fact that EVERY comparison pic I see has the app drawer open on Galaxy tablets....makes any look alike, copy claims invalid to me.

2. u-suck-more

Posts: 529; Member since: Aug 26, 2011

if Apple wants things their way, they should at least learn to WAIT. nth ever comes easy Apple!

3. ddeath

Posts: 170; Member since: Apr 14, 2012

Maybe they think everyone is an iDiot and iLliterate in US of A and thus cannot read what is printed on the Samsung tablet and the box that states Samsung Galaxy Tab.

46. bomariam1

Posts: 43; Member since: May 08, 2012

At least your legal system is.

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