Readers will recall that the Apple/Samsung interlocutory injunction matter has already been up to the Federal Circuit once. Well, it came back to first instance Judge Lucy Koh of the Northern District of California, who in late June granted interlocutory injunctions against the Samsung Galaxy tablet (under the iPad design patent US D504,889, equivalent to
RCD 181607-0001) and the Samsung Nexus phone. (under US design patents US D618,677 and D593,087).
For the Galaxy injunction, part of the reasoning relied on the perceived merits of the case. "Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products," Koh wrote.
Samsung asked Judge Koh to stay the injunctions and unsurprisingly, she declined. They then asked the Federal Circuit to do the same, with better fortune: the Nexus injunction was temporarily stayed, but not the Galaxy one. We'll keep you posted. If you want to track the US case yourself, the Northern District has an information page on it here.
Monday, 9 July 2012
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