Galaxy Nexus cleared for sale by US court
Lawyers’ roadshow grinds on and on and on and on
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The patent pendulum has taken a small swing in Samsung’s direction, with a US court clearing the company’s ageing Galaxy Nexus phone for sale in the US.
The decision, by the US Court of Appeals for the Federal Circuit, follows a ruling earlier this month that allowed the Galaxy Tab 10.1 to go on sale.
District judge Lucy Koh had brought down the ban-hammer on the Nexus in June, awarding Apple a pretrial injunction based on its accusation that the Korean phone violated a patent covering unified search capability. In reversing the injunction, the Appeals Court has decided that Koh abused her discretion, since there was no evidence that the infringing technology was influencing consumers’ purchase decisions.
Reuters reports that the court wrote: “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.”
The case now returns to Judge Koh for reconsideration, a process that will probably become obsolete in practical terms, with Samsung now readying its pre-Christmas line-up of product releases.
The Nexus is the nexus of just one engagement in the worldwide gladiatorial lawyers’ roadshow that embroils Apple, Samsung, Google and Microsoft.
Apple Insider is now reporting that Redmond’s has put Google Maps in its sights in the ongoing German litigation against Motorola. Microsoft’s lead counsel in that case says Google will be added as a defendant in the case, based on a 1995 patent it says is infringed by the Chocolate Factory’s maps. Success would impact not only Motorola, but any other Android smartphone maker using Google Maps. ®
COMMENTS
Thank you US Court of Appeals!
Common sense has prevailed in Apple's "thermonuclear" war of litigation, and an innovation-stifling nuclear winter of Apple's shiny-shiny selling in a competition-free environment has been avoided :D
Now, all that needs to be done is for tech companies to truss up their IP withpatents so that their are no "great ideas" for Apple to "shamelessly steal" (as per a 1996 interview with Steve Jobs: so its ok for Apple to take other peoples ideas, not ok for anyone else...) And Apple will find thenselves really having to invent something on their own.
Wonderful... NOT
A whiff of good news and then:
"Microsoft’s lead counsel in that case says Google will be added as a defendant in the case, based on a 1995 patent it says is infringed by the Chocolate Factory’s maps."
BAM.
There once was a time when patents were about protecting the little men. This is clearly not the case anymore.
I'll start advocating getting rid of them altogether, just for myself and whoever wants to hear my reasons for it. I hope every sensible Registrar may follow suit. Just get the ball rolling. It will eventually hit some influential persons probably...
Apple vesus Dyson
Dyson invented a new way to catch the dust in a vacuum cleaner.
Apple invented the phone
Apple invented the portable computer phone
Apple invented the touch interface
Apple invented the rounded square
Apple invented the icons
Apple invented the swipe gesture
Apple built a nice phone
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