Apple scores second legal win vs Samsung in a week

SAN JOSE, California Fri Jun 29, 2012 7:14pm EDT

Hugo Barra, director of product management of Google, holds a Samsung Galaxy Nexus mobile phone during Google I/O 2012 Conference at Moscone Center in San Francisco, California June 27, 2012. REUTERS/Stephen Lam

Hugo Barra, director of product management of Google, holds a Samsung Galaxy Nexus mobile phone during Google I/O 2012 Conference at Moscone Center in San Francisco, California June 27, 2012.

Credit: Reuters/Stephen Lam

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SAN JOSE, California (Reuters) - A U.S. judge on Friday granted Apple Inc's (AAPL.O) request for a pre-trial injunction against the sale of Samsung Electronics Co Ltd's (005930.KS) Galaxy Nexus phone, handing the iPhone maker its second legal victory against Samsung in a week.

Apple and Samsung, the world's largest consumer electronics corporations, are waging legal war in several countries, accusing each other of patent violations as they vie for supremacy in a fast-growing market for mobile devices.

Friday's decision, by U.S. District Judge Lucy Koh in San Jose, California, comes days after she also slapped a pre-trial ban on sales of Samsung's Galaxy Tab 10.1, a tablet computer that runs on Google Inc's (GOOG.O) Android and goes toe-to-toe with the iPad.

The back-to-back triumphs - significant because pre-trial injunctions are rarely granted - meant Apple had a better week in court than last week, when Chicago federal court judge Richard Posner ruled the iPhone maker could not pursue an injunction against Google's Motorola Mobility, effectively ending that case.

"Apple has made a clear showing that, in the absence of a preliminary injunction, it is likely to lose substantial market share in the smartphone market and to lose substantial downstream sales of future smartphone purchases and tag-along products," Judge Koh said in Friday's ruling.

Koh scheduled a hearing on Monday to consider whether to put the Galaxy Nexus injunction on hold pending appeal. And she said in court that she might rule on Sunday whether or to similarly put on hold the earlier injunction on the Galaxy Tab.

Apple has waged an international patent war since 2010 as it seeks to limit the growth of Google's Android system, the world's most-used mobile operating platform. Opponents of Apple say it is using patents too aggressively in a bid to stamp out competition.

Spokeswoman Kristin Huguet reiterated her previous statement, accusing Samsung of copying the look and feel of its products. Samsung was not immediately available for comment.

As a condition of the injunction, Apple was ordered to post a bond of more than $95 million, to secure payment of damages sustained by Samsung should the injunction be deemed a wrongful decision later. The order shall become effective upon posting of the bond.

The case in U.S. District Court, Northern District of California, is Apple Inc v. Samsung Electronics Co Ltd et al, 12-00630.

(Reporting By Dan Levine and Poornima Gupta; Editing by Edwin Chan, Carol Bishopric and Richard Chang)

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Comments (11)
cdoug wrote:
It would be very good if the judicial systems would figure out that all these software patents are in fact based on prior practice – it is called programming. It doen’t matter if it has ben put on a chip or written to a hard drive. Same result.

The innovations that are being guarded so jealously are in fact merely the results of design work. Yes, copywrite should be recognised but not patents at the expense to the customer – allowing one company to hoard unearned exclusivity.

Jun 29, 2012 8:35pm EDT  --  Report as abuse
Ceaser wrote:
Its not good for the consumer to reward companies that are stealing ideas or reverse engineering the hard work of others.

The question consumers have to ask themselves is this; do you want great products from great companies who create exciting new products through investment and hard work, or do you want to reward copycats with your hard earned money, who don’t innovate or add to the substance of technology?

Jun 29, 2012 12:46am EDT  --  Report as abuse
noscrenname wrote:
The Ipad is a great device. I bought a Galaxy tab at Costco one day just to try it out. The plan was to keep the Galaxy until apple came out with an Ipad mini. I don’t like the use legal tactics to subside competition in the market place. The focus should be more on “kicking it up a notch” in the quality and client usability of products. I am not really that tetchy and don’t spent much time with all these new devices. This action makes me want to keep that Galaxy tab even though it’s harder to figure out how to use. And just maybe, if Apple does win this injunction that Galaxy tab sitting on my desk will be a little collector’s item.

Jun 30, 2012 10:08am EDT  --  Report as abuse
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