Apple succeeds in getting Google Nexus banned [u]

Following a Friday hearing before Judge Lucy Koh at the Californial District Court in San Jose, Samsung’s Google Nexus smartphone has been temporarily banned in the US. Apple was successful in convincing the Judge that its claims of patent infringement were likely to succeed based primarily on the validity of the so-called “Siri” patent. Although there are four patents at issue, the Judge has issued the temporary injunction based on the one she believes may be costing Apple sales of its flagship iPhone 4S.

While the Galaxy nexus is not Samsung’s biggest seller, the fact that it’s the latest “vanilla” development device, designed and built with input from Google, gives it an importance that exceeds its mere sales numbers. Judge Koh, in her ruling on the injunction, stated… "Apple has clearly shown that it is likely to suffer irreparable harm in the absence of preliminary injunctive relief”.

However, she also acknowledged that Samsung was definitely going to suffer irreparable harm as a result of her agreeing to the injunction, and ordered Apple to post bond to the tune of US$96 million as compensation for lost sales should the forthcoming patent trial find Samsung was not infringing Apple’s patents.

Apple loses big time in US patent battle

In a massive defeat for Apple and a mixed victory for Motorola, respected US jurist Richard Posner dismissed the attempted handset ban ‘with prejudice’.

Judge Richard Posner has dismissed Apple’s further legal attempt to ban numerous Motorola smartphones in the US market, labeling the action “against the public interest”. In a case that dates back to 2010, Apple had tried to ban its rival’s handsets, claiming the patents Motorola Mobile allegedly infringed upon were causing the iDevice vendor “harm”.

Apple unlikely to get Motorola banned in US

Stating that an order barring the sale of Motorola phones could have "catastrophic effects" for the mobile marketplace, Judge Richard Posner has given Apple his strongest hint yet that the iDevice maker’s attempt to have a ban enforced on a number of Motorola handsets is doomed.

Judge Posner had previously stated his view that such an injunction would not be in the public interest. In response to the jurist’s lack of empathy toward Apple’s case for injunctive relief, Apple’s attorney, in an apparent attempt to appear more conciliatory, resorted to the position that an injunction might alternatively force removal of the technologies that it alleges Motorola has infringed, within three months.

Apple vs Motorola patent case back on

Despite his earlier tentative decision to end the patent action in a Chicago court, Judge Posner changed his mind and has confirmed he will hear Apple’s plea for injunctive relief against several Motorola mobile phones.

The judge’s earlier pronouncement was that any injunction would be contrary to the public interest, effectively scuppering Apple’s attempt to have its competitor’s devices banned in the US. Apple immediately objected to that ruling, and after weighing up the options and consequences, Judge Posner has agreed to allow the two sides to make their case for injunctions.