Appeals Court Realizes Samsung Injunction Is For A Patent It Didn't Infringe On, Sends Case Back…

from the oops dept

There continues to be a flurry of activity and motions and such around the Apple/Samsung patent fight, and we’re avoiding most of the play-by-play until something “big” happens. But today there was an interesting ruling from the appeals court, concerning the original injunction that Judge Lucy Koh issued, blocking Samsung from selling the Galaxy Tab 10.1 device (which is already a bit obsolete anyway). She had issued that injunction earlier in the case, before the jury ruled, and that actually has presented something of a problem. Among the patents that the jury said Samsung did not infringe was the one that Koh relied on to issue her injunction. Given that, the appeals court has sent the injunction back to Koh to reconsider. Of course, all this really reinforces is the ridiculousness of the patent system today: a judge can assume that an entire product line can be blocked because it’s infringing on a particular patent… only to have a jury (which in this case clearly mostly sided with Apple anyway) decide that the patent didn’t apply. When a system comes up with such arbitrary results, it’s a sign that the system itself is broken.

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Companies: apple, samsung

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Comments on “Appeals Court Realizes Samsung Injunction Is For A Patent It Didn't Infringe On, Sends Case Back…”

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26 Comments
Anonymous Coward says:

Re: Re: Wow....

I agree.

The important thing about patent wars is that money can be made off suing people. Just like copyright.

That’s why copyright and patent laws never demand the death penalty. Dead people can’t pay up.

You should be ashamed of yourself for alluding that something as paltry as nuclear bombs could measure up to the glory and magnificence of copyright law.

Anonymous Coward says:

strange how the US is just about the only place that Apple is winning these ridiculous patent suits. considering how, yet again Apple has infringed on another’s patent (the clock app), isn’t it about time it stopped all this suing bull shit and just went out into the market and competed with other companies regardless of which ones? i still reckon the only reason it stopped Samsung in the US when it did was to try to give itself no competition when the iphone5 came out. if i wanted a Samsung, i would’ve bought a Samsung. if i had wanted an iphone, i would’ve bought an iphone. taking away my right of choice for such selfish reasons and fear of another product selling more, because it’s better, wont change my mind. i would wait and get what i wanted when i could. and look at all the problems, as usual, with the new Apple product. released too early, as usual, and still not tested fully so still riddled with bugs that the customer has to put up with until Apple decide to rectify them

Anonymous Coward says:

The injunction rules need to be changed so this doesn’t happen.

Make it so you can get an injunction for an alleged patent violation like now, but if the person is found not guilty of that violation then YOU have to pay them massive damages/fines (equivalent to the damages you would have won if you had succeeded in court) for the harm & lost sales you inflicted on them with a bogus injunction.

If a patent troll isn’t willing to put their money where their mouth is then they shouldn’t be asking for injunctions before a court has ruled on if the patent was even violated.

ltlw0lf (profile) says:

Re: Re:

Fuck Samsung and Apple both if they spent half as much time actually making/inventing good products as they do in court we might see some really nice software and hardware come along.

I agree with you when it comes to Apple here…unfortunately for Samsung, they kinda had this whole thing foisted upon them. They didn’t sue Apple until after Apple sued them (Counter-suit.) I am sure Samsung would be much happier not being in the game and just out making phones.

To help you out, here is a dated infographic of whom is suing whom. This is from a PC MAG Article in January 2012, but it is still mostly true.

shawnhcorey (profile) says:

Just Say No

Yup, it’s time to get rid of the patent system.

Patents are a privilege, not a Right. Patents exist to encourage innovation. Clearly, they are not. It’s time to get rid of them.

Intellectual property is an oxymoron. Ideas belong to the commons. The law even says so. Patents are a violation of this. But they were suppose to make things better despite the violation of the peoples’ Right to ideas. They do not. It’s time to get rid of them.

Atkray (profile) says:

Re: Correct, almost

CNET 6/26/2012

” Apple has been granted a preliminary injunction against U.S. sales of Samsung’s Galaxy Tab 10.1, the tablet deemed by many as the leading challenger to the iPad.

The ruling was handed down today by judge Lucy Koh for the U.S. District Court for the Northern District of California, according to a Reuters report.”

http://news.cnet.com/8301-13579_3-57461174-37/apple-wins-injunction-against-samsung-galaxy-tab-10.1/

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