US court lifts Samsung phone ban, keeps tablet block

Jul 06, 2012
A South Korean woman inspects Samsung's smartphone "Galaxy Note" during an IT show in Seoul in May 2012. A US appeals court rejected Friday a bid by South Korea's Samsung to overturn a ban on US sales of Galaxy Nexus smartphones in a court battle with Apple.

A US appeals court gave Samsung a temporary reprieve Friday on the sale of its Galaxy Nexus 7 smartphones while leaving intact a court ban on US sales of its tablet computers in a patent battle with Apple.

In two rulings in the bitter patent dispute, the US Court of Appeals in the capital Washington gave one to Apple and one to Samsung, but only temporarily.

The appellate panel temporarily lifted an injunction by California-based US District Court Judge Lucy Koh on the smartphones which are jointly marketed with Google.

But the "stay" was just temporary until the panel receives arguments from Apple, which argues the phone infringes on patents in its iPhone.

In a separate decision, the appellate judges refused to lift Koh's injunction on the 10-inch Galaxy Tab computer, which Apple claimed was copied from the iPad.

The court panel in Washington ordered Apple to respond by July 12, while denying a Samsung request to stay, or halt the injunction.

Both Galaxy devices are powered by Android operating software that Google makes available for free to gadget makers. Nexus is the Mountain View, California-based technology company's own branded line.

Florian Mueller, who writes a blog on patent issues, said the court gave a partial victory to Samsung and Google after a series of wins by Apple.

"The temporary stay allows Samsung to minimize the disruption that the injunction causes," he said.

"Google had announced a software change to avoid further infringement, but it will likely take time to build new devices that come with non-infringing operating software. After five failures to win stays... Samsung has finally won at least this stay."

He said the court "did not explain its reasoning" but that Samsung may have persuaded the court "that there could be serious harm from the injunction" and that one or more of Samsung's arguments were "potentially meritorious."

Galaxy Nexus launched in the United States in April and Google gave the smartphones to developers at its annual conference in San Francisco as part of a "tool kit" to create applications for the Android mobile platform.

Smartphones powered by Android software command 50.9 percent of the US market, where slightly more than a quarter of mobile phones used are made by Samsung, according to figures by industry tracker IDC.

Apple gadgets made up 31.9 percent of the US smartphone market, IDC reported.

In the tablet case, Koh said there was "evidence that Samsung altered its design to make its product look more like Apple's" and that Apple had "presented a strong case" for the injunction.

Explore further: Ticketfly buying WillCall for on-premise data

add to favorites email to friend print save as pdf

Related Stories

Samsung to fight block on US sales of Galaxy Nexus

Jul 01, 2012

South Korea's Samsung vowed Saturday to "take all available measures" to fight a US court's decision to block American sales of its Galaxy Nexus smartphones made in collaboration with Google. ...

Samsung says Germany rejects Apple's sales ban bid

Feb 02, 2012

South Korea's Samsung Electronics said Thursday a German court rejected Apple's bid to ban sales of its tablet computers and new smartphones, the latest chapter in a global legal battle between the rivals.

US court bars Samsung tablet after Apple complaint

Jun 27, 2012

A US federal court has barred the sale of Samsung's new Galaxy Tab 10.1 tablet computer, siding with Apple in a bitter dispute between the two tech giants over alleged patent infringement.

Dutch court refuses to ban sales of Samsung tablet

Jan 24, 2012

Dutch appeals judges ruled Tuesday that Samsung's Galaxy Tab tablet is not a copy of Apple's popular iPad, handing the Korean consumer electronics maker its latest legal victory over its American rival.

US court rejects Apple request on Samsung sales

Dec 04, 2011

Samsung on Saturday welcomed a ruling by a US court rejecting Apple Inc's request for a preliminary injunction against sales of some of its Galaxy smartphones and tablet computers.

Recommended for you

Ahead of Emmys, Netflix already winning online

3 hours ago

Even if it doesn't take home any of the major trophies at Monday's Emmy Awards, Netflix will have already proven itself the top winner in one regard: Internet programming.

Oregon sues Oracle over failed health care website

14 hours ago

Oregon Attorney General Ellen Rosenblum says she's filed a lawsuit against Oracle Corp. and several of its executives over the technology company's role in the state's troubled health insurance exchange.

Google buys product design firm Gecko

14 hours ago

Google on Friday confirmed that it bought Gecko Design to bolster its lab devoted to technology-advancing projects such as self-driving cars and Internet-linked Glass eyewear.

Ticketfly buying WillCall for on-premise data

Aug 21, 2014

Ticketfly Inc., a San Francisco-based technology company among several posing a challenge to Ticketmaster, is acquiring WillCall Inc., a crosstown rival that turns your smartphone into a mobile wallet at live events.

HP revenue inches up after years of decline

Aug 20, 2014

Hewlett-Packard on Wednesday reported that its quarterly revenue rose for the first time in three years, nudged by improved computer sales everywhere except Russia and China.

User comments : 0