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Interlocutory injunctions | 142 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections here please
Authored by: jesse on Tuesday, September 11 2012 @ 01:02 PM EDT
Thank you.

[ Reply to This | # ]

News Pick discussions
Authored by: jesse on Tuesday, September 11 2012 @ 01:02 PM EDT
Thank you.

[ Reply to This | # ]

COMES document thread
Authored by: jesse on Tuesday, September 11 2012 @ 01:03 PM EDT
Thank you for the work.

[ Reply to This | # ]

Off topic discussions
Authored by: jesse on Tuesday, September 11 2012 @ 01:04 PM EDT
Thank you

[ Reply to This | # ]

Apple --So? Why doesn't Apple make their own Android device?
Authored by: Anonymous on Tuesday, September 11 2012 @ 01:27 PM EDT
If Apple wanted, they could use their designs, and use the
FREE to use Android OS...

Now, wouldn't that be interesting... and still they could sue
and say to the buying public, look we have the best designs,
everyone is copying Apple, we now have both our OS and the
Android OS, so take your pick, make it an Apple, and use our
STORE including iTunes etc instead of the other Android OS
folks?

[ Reply to This | # ]

Apple asks for the moon
Authored by: Anonymous on Tuesday, September 11 2012 @ 01:42 PM EDT

My experience with court cases, the vast majority of which is from Groklaw (Thanks, PJ), is that both sides ask for the moon and they're happy if they get low earth orbit.

--Mike Amling

[ Reply to This | # ]

Apple- when said and done iRony
Authored by: Anonymous on Tuesday, September 11 2012 @ 02:33 PM EDT
Will probably be their new trademark. Shoot for the stars
via a wormhole to your foot.

[ Reply to This | # ]

Success on the merits
Authored by: Anonymous on Tuesday, September 11 2012 @ 06:08 PM EDT
IANAL, nor am I American, but even I know that the supreme court has ruled that
a PI is only available if the court believes "there is a substantial
likelihood of success on the merits of the case"

Apple already lost => game over

[ Reply to This | # ]

..today's Lunch ;o)
Authored by: arnt on Tuesday, September 11 2012 @ 08:43 PM EDT
..a wee intro: Inspiration goes several ways, I the repeat cultural and linguistic imperialist ;o)
found this a neat opportunity to introduce my fellow Groklawers to intrigue, in Norwegian: ;o)
http://www .dagbladet.no/tegneserie/lunch/? 1347228000&d=-1

..to get you started ;o): "How about you, Nico? Do you need a new job phone
before we drop free choice?" "(There is a God!) Yes! I do!!"
"(Let's see... the new iPhone can be pre-ordered from Wednesday next week!)
When is the deadline, Gunnar?" "Tuesday. Appearantly."

..next lesson ;o): http://ww w.dagbladet.no/tegneserie/lunch/? 1347314400&d=-1
"(You asked for it, Gunnar...) Could I have a look at your Samsung?"
"(Careful now!) Well... that can't hurt."
"It sure has some nice and round corners!" "Thank you!"
"You can't barge ahead enforcing Apple's patents on your own, Nico!!"
"Hey! Your glasses too have a slight curvature, Thorsen!"

..lesson #3: ;o) http://www .dagbladet.no/tegneserie/lunch/? 1347400800&d=-1
"I don't care who started. A phone war is the last thing we need!"
"Nico. You're getting the hardest punishment..."
"Please, have mercy! I only wanted a new cellphone!"
"It's ringing in your Wal-Mart bag, Nico! Aren't you going
to pick it up?" "Nokia! Right?"

..today (Wed Sep 12 2012)'s Lunch ;o)
http://www. dagbladet.no/tegneserie/lunch/? 1347314400&d=1
Nice handy tool for strip gist translation exercises: ;o)
http://translate.google.com/#no/en

[ Reply to This | # ]

A joint motion for a Do Over?
Authored by: BitOBear on Tuesday, September 11 2012 @ 09:18 PM EDT
You know, if Apple just said "we want a do over with a normal jury"
then they wouldn't have to argue over the PI.

It's not like Apple is actually going to get "a brazillion dollars".

Starting from scratch, resetting the clock as it were, would be a heck of a lot
of FUD.

Samsung probably wouldn't object. They might even move jointly. 8-)

[ Reply to This | # ]

Interlocutory injunctions
Authored by: Crocodile_Dundee on Wednesday, September 12 2012 @ 01:29 AM EDT
It's one of them right?

My experience here is that they are only granted when there both a good chance
that the action will prevail, and where without it, significant harm will take
place.

I note a three pronged test that apparently applies in Canada suggests "The
three-pronged test that courts in Canada and in other jurisdictions apply in
considering applications for interlocutory injunctions is well established: the
applicant must demonstrate that (1) there is a serious question to be tried, (2)
he will suffer irreparable harm if denied the relief, and (3) the balance of
inconvenience pending trial favours him."

I would think that on balance, if a jury has found in favour of the respondent
-- no matter how weak their decision might seem -- that the balance of
inconvenience should swing the other way (at least), and the presumption that
the applicant will suffer irreparable harm would be somewhat questionable (at
least).

---
---
That's not a law suit. *THIS* is a law suit!

[ Reply to This | # ]

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