Judge gives Apple reprieve in patent case versus Google

Thu Jun 14, 2012 4:53pm EDT

(Reuters) - A U.S. judge has agreed to hear Apple's request for an injunction against the sale of some Motorola phones, giving the iPhone maker a chance to head off a damaging ruling in the smartphone patent wars.

Last week Judge Richard Posner in Chicago canceled a trial between Google Inc's Motorola Mobility unit and Apple Inc, saying in a tentative ruling that neither could prove damages. But in an order on Wednesday, Posner decided to let attorneys plead their case on an injunction before he makes a final decision.

Apple spokeswoman Kristin Huguet declined to comment, while Google representatives did not immediately respond to requests for comment.

Motorola sued Apple in October 2010, a move that was widely seen as a preemptive strike against an imminent Apple lawsuit. Apple filed its own claims against Motorola the same month.

Posner issued a series of pretrial rulings that eliminated nearly all of Motorola's patent claims against Apple from the prospective trial, while maintaining more of Apple's claims against Motorola. That meant Apple had more to gain in the trial, which had been set to start on Monday.

Apple had sought an injunction barring the sale of Motorola products, but in last week's ruling cancelling the trial, Posner said an injunction would be "contrary to the public interest." One legal observer has said Posner's decision had a good chance of getting overturned on appeal, in part because the judge had rejected Apple's request for a hearing.

Posner set the injunction hearing for June 20 in Chicago. Motorola may also ask for an injunction on the one patent in the case that it can still assert against Apple.

The case in U.S. District Court, Northern District of Illinois, is Apple Inc and NeXT Software Inc vs. Motorola Inc and Motorola Mobility Inc, 11-cv-8540.

(Reporting by Dan Levine in San Francisco; Editing by Lisa Von Ahn)

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Judge gives Apple reprieve in patent case versus Google

By Dan Levine

Thu Jun 14, 2012 4:53pm EDT

Reuters - A U.S. judge has agreed to hear Apple's request for an injunction against the sale of some Motorola phones, giving the iPhone maker a chance to head off a damaging ruling in the smartphone patent wars.

Last week Judge Richard Posner in Chicago canceled a trial between Google Inc's Motorola Mobility unit and Apple Inc, saying in a tentative ruling that neither could prove damages. But in an order on Wednesday, Posner decided to let attorneys plead their case on an injunction before he makes a final decision.

Apple spokeswoman Kristin Huguet declined to comment, while Google representatives did not immediately respond to requests for comment.

Motorola sued Apple in October 2010, a move that was widely seen as a preemptive strike against an imminent Apple lawsuit. Apple filed its own claims against Motorola the same month.

Posner issued a series of pretrial rulings that eliminated nearly all of Motorola's patent claims against Apple from the prospective trial, while maintaining more of Apple's claims against Motorola. That meant Apple had more to gain in the trial, which had been set to start on Monday.

Apple had sought an injunction barring the sale of Motorola products, but in last week's ruling cancelling the trial, Posner said an injunction would be "contrary to the public interest." One legal observer has said Posner's decision had a good chance of getting overturned on appeal, in part because the judge had rejected Apple's request for a hearing.

Posner set the injunction hearing for June 20 in Chicago. Motorola may also ask for an injunction on the one patent in the case that it can still assert against Apple.

The case in U.S. District Court, Northern District of Illinois, is Apple Inc and NeXT Software Inc vs. Motorola Inc and Motorola Mobility Inc, 11-cv-8540.

(Reporting by Dan Levine in San Francisco; Editing by Lisa Von Ahn)

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Apple may seek to stop U.S. launch of Galaxy phone

A woman holds up her new Samsung Galaxy S III after it was launched at Westfield in west London, May 29, 2012.

Credit: Reuters/Olivia Harris

By Dan Levine

SAN JOSE, California | Fri Jun 8, 2012 10:13am EDT

SAN JOSE, California (Reuters) - An Apple Inc lawyer said the iPhone and iPad maker may seek a legal order stopping the launch of Samsung Electronics Co Ltd's Galaxy S III phone in the United States later this month.

At a hearing on Thursday in a San Jose, California federal court, Apple attorney Josh Krevitt said the company could file for a temporary restraining order against Samsung as early as Friday.

"Once sales are made, the harm is irreparable," Krevitt said.

However, U.S. District Judge Lucy Koh said she has many other cases. If Apple decides to seek a restraining order, it would likely delay a July trial date over different Samsung phones, as well as the Galaxy Tab 10.1.

"I cannot be an Apple v. Samsung judge," Koh said.

Apple sued Samsung for patent infringement last year, accusing the South Korean electronics maker of "slavishly" copying the iPhone and iPad. Samsung denies the claims and countersued.

Apple's comments on Thursday came a day after Samsung Electronics, the world's largest smartphone vendor, expanded its CEO's role to include oversight of corporate strategy across the entire Samsung Group - a conglomerate of more than 80 companies.

Choi Gee-sung, 61, spearheaded Samsung's ascension to smartphone and TV leadership and his elevation signals that the storied South Korean conglomerate is grooming its next leader.

Apple filed papers this week seeking to ban Samsung's new Galaxy S III, along with the Galaxy Nexus. Samsung has already booked over 9 million preorders of the Galaxy S III, which is set to be sold by carriers in the United States on June 21, Apple said in its court filing.

Samsung, however, argued that Apple should not be allowed to seek such a fast injunction against the Galaxy S III.

Samsung attorney William Price also said the technology covered by Apple's patents - such as auto-correcting typed text - are not responsible for sales of Galaxy phones.

"There is no advertising or marketing on these features at all" by Apple, Price said.

Samsung's Galaxy products run on the Android operating system, developed by Google. In addition to Samsung's legal team, several Google attorneys attended the hearing before Koh on Thursday.

Apple has also accused Google's Motorola Mobility unit of infringing its iPhone patents. However, a Chicago-based federal judge on Thursday tentatively scrapped a trial between those two that had been scheduled to begin next week.

"Neither party can establish a right to relief," Judge Richard Posner wrote.

In California, Koh did not rule from the bench on Thursday on Apple's request for an injunction on the Nexus.

The Samsung case in U.S. District Court, Northern District of California is Apple Inc. vs. Samsung Electronics Co. Ltd. et al., 12-cv-630.

(Reporting By Dan Levine; Editing by Bernard Orr and Richard Chang)

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Apple Seeks to Block the Import of All HTC's Android Smartphones

Apple wants to prevent HTC from bringing any of its Android smartphones into the United States, claiming that they all violate one of its patents. HTC denies this.

Apple has asked the U.S. International Trade Commission to immediately block the import of no less than 29 models, claiming that they infringe on a patent held by the iPhone maker. This patent (U.S. Patent No. 5,946,647) covers the technology for automatically turning phone numbers and addresses embedded in the text of an email into links to apps for working with this data.

Last month, the U.S. Customs Dept. began holding shipments of the HTC One X and HTC Evo 4G LTE at the orders of the ITC, but released them after testing showed they didn't violate Apple's patent.

Apple disagrees, and has requested the ITC order the block to be resumed on these handsets, and added 27 extra. This includes HTC's entire One series, the Droid Incredible series, and many more. Handsets andinvolved are offered by AT&T, Verizon, T-Mobile, and Sprint.

In response, HTC released the following statement: "The U.S. Customs office has reviewed and approved HTC devices for import into the U.S., as they are in compliance with the ITC's ruling."

Source, Source

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