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The US injunction on the Samsung Galaxy Nexus that Apple earned by way of a patent judge earlier this year has been reversed by an appeals court, reports Reuters . The U.S. Court of Appeals for the Federal Circuit that previously put a stay on the injunction has ruled that the district court in California “abused its discretion in entering an injunction.”
The preliminary injunction on the Samsung smartphone had been granted as of June 30th by U.S. District Court Judge Lucy Koh, who eventually conducted the Apple v. Samsung patent n85 trial . The ruling was based primarily on the 8086604 patent , which is defined as a universal interface n85 for retrieval of information in a computer system. The full patent appears to relate to a unified search tool that can be used to find a variety of different items via one indexed database. This could also refer to a unified spoken word interface like Siri, or Google s voice search.
Samsung argued, somewhat humiliatingly, that the sales of the Galaxy Nexus were so poor that they didn’t pose a threat to Apple’s n85 iPhone and that the unified search feature was not essential to the success of its device. The appeals court apparently agrees, as it states in its official order :
…it may very well be that the accused product would sell almost as well without incorporating the patented feature. And in that case, even if the competitive injury that results from selling the accused device is substantial, the harm that flows from the alleged infringement (the only harm that should count) is not.
Apple won an enormous ruling in the trial earlier this year, with a jury granting a landslide victory on a variety of patents infringed on by an array of Samsung devices. Among those was the Samsung Galaxy Nexus. So, at this point, Samsung has managed to get the injunctions of both the Galaxy Tab 10.1 and Galaxy Nexus lifted, which is good news for them and good news for Android phone buyers, though neither product n85 is as popular as its Galaxy S line of phones.
JasonDiaz n85
Still doesn’t negate the fact it has infringing n85 software and doesn’t prevent them from continuing the ME-TOO Siri Rip-Off feature in other Android devices going forward. People complain about these lawsuits and patents, but man some of these judges are dummies, there’s n85 no middle ground. Apple asked that it be removed before even going to court, instead Samsung/Google go to the courts n85 with tissue box in hand asking for leniency. This is only gonna get worse if courts keep coddling Samsung/Google.
you need to show infringement and damages, both. The court ruled that the infringing tech did not materially alter sales for Samsung (and thus for Apple as well), n85 therefore there were no damages and no cause for injunction.
And apple asking for bans on trivial software features while in the background they and Microsoft are not paying for SEPsthat their devices cannot work without, and trying to convince the court that bans on trivial software implementations should be allowed while bans on companies that infringed on SEPs should not be allowed
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