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

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.

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



1. kartik4u98

Posts: 511; Member since: May 19, 2012

Judge Lucy Koh is a mindless iSheep!!

9. darkkjedii

Posts: 31658; Member since: Feb 05, 2011

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

16. tahnik

Posts: 201; Member since: Jul 17, 2011

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

34. Phullofphil

Posts: 1832; Member since: Feb 10, 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

45. NexusKoolaid

Posts: 493; Member since: Oct 24, 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.

44. som

Posts: 768; Member since: Nov 10, 2009

Judge Koh is Tim Cooks mistress.

46. InspectorGadget80 unregistered

don't forget also a mindless iZombie

2. Birds

Posts: 1172; Member since: Nov 21, 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!!!

3. jove39

Posts: 2148; Member since: Oct 18, 2011

Totally expected...bad for Samsung & Google.

8. Birds

Posts: 1172; Member since: Nov 21, 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. (;

12. jove39

Posts: 2148; Member since: Oct 18, 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!

13. tedkord

Posts: 17481; Member since: Jun 17, 2009

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

4. ObjectivismFTW

Posts: 211; Member since: Jul 03, 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......

47. InspectorGadget80 unregistered

not put a leash this dog needs to PUT TO SLEEP

5. sarb009

Posts: 322; Member since: Jun 15, 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.


Posts: 3131; Member since: Jan 12, 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.

11. Birds

Posts: 1172; Member since: Nov 21, 2011

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

7. jove39

Posts: 2148; Member since: Oct 18, 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 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.

24. taco50

Posts: 5506; Member since: Oct 08, 2009

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

28. jove39

Posts: 2148; Member since: Oct 18, 2011

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

31. andro.

Posts: 1999; Member since: Sep 16, 2011

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

10. zhypher_23

Posts: 195; Member since: Jun 04, 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.

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.

15. gallitoking

Posts: 4721; Member since: May 17, 2011


17. wendygarett unregistered

Hell no!!!!

19. gallitoking

Posts: 4721; Member since: May 17, 2011

sorry ...but yessss

33. 09wbd03516

Posts: 140; Member since: May 30, 2012

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

20. Sackboy117

Posts: 178; Member since: Oct 17, 2011

Spongebob . . . :)

22. taco50

Posts: 5506; Member since: Oct 08, 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!

30. VZWuser76

Posts: 4974; Member since: Mar 04, 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.

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