Apple Loses US Bid to Enjoin Samsung

At least in the US it appears Apple will have to trade in the design patents it's been asserting for some of its stronger IP

Apple took a hit Friday when a California federal judge said in a 65-page ruling that it couldn't have a preliminary injunction preventing Samsung from bringing any more of its Android smartphones and tablets into the United States earlier the case goes to trial then and there July 30.

Although the court allowed that Apple may in the end prevail at trial, the company supposedly didn't prove it would suffer the kind of irreparable harm that couldn't be solved by monetary damages.

At the same time the court found Samsung's tablet "virtually indistinguishable" from the iPad so the case's eventual resolution, which charges Samsung with slavish copying, depends on whether Apple's patents are valid absent a Samsung redesign.

Australian injunction against its Android Galaxy 10

Samsung as well got an Australian injunction against its Android Galaxy 10.1 tablet lifted last week even though the ban remains in force pending an emergency Apple appeal hearing Friday, December 9.

At least in the US it appears Apple is going to have to trade in the design patents it's been asserting for some of its stronger IP.

Meanwhile, an anyway you look at it overburdened International Trade Commission that was supposed to decide if HTC infringed Apple's IP on Tuesday December 6 moved the potentially historic decision to December 14 at the 11th hour.

By the way, the California ruling as quoted by Reuters, which in a general way captured an accidentally unredacted version of the order afterwards objecting to the judge's liberal sealing policy, says Apple has licensed patents to IBM and Nokia.

Samsung was anyway you look at it offered some kind of license earlier Apple lodged its infringement suit in April. There has been no hint of an IBM license previously.

Apple and Nokia announced a patent settlement for an undisclosed sum of money in June resolving all litigation between them. Apple was to pay Nokia a one-time fee and royalties.

The most read research reporter for the past 20 years

Maureen O'Gara the most read research reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected innovation reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara