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the international trade war has settled down | 112 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
the international trade war has settled down
Authored by: thorpie on Tuesday, October 02 2012 @ 12:21 AM EDT
for a week at least

---
The memories of a man in his old age are the deeds of a man in his prime -
Floyd, Pink

[ Reply to This | # ]

Corrections Thread
Authored by: bugstomper on Tuesday, October 02 2012 @ 12:25 AM EDT
Please summarize in the Title box error->correction or s/error/correction/ to
make it easy to scan see what needs to be corrected and to avoid duplication of
effort.

[ Reply to This | # ]

Foreshadow?
Authored by: rsteinmetz70112 on Tuesday, October 02 2012 @ 12:40 AM EDT
Does this decision foreshadow a reversal of the jury verdict?

Seems to me a hopeful sign.

If she where were going to uphold the verdict there would be no reason to
overturn the injunction.

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | # ]

Off Topic threads
Authored by: bugstomper on Tuesday, October 02 2012 @ 12:54 AM EDT
Please stay off topic in these threads. Use HTML Formatted mode to make your
links nice and clickable.

[ Reply to This | # ]

News Picks Threads
Authored by: bugstomper on Tuesday, October 02 2012 @ 02:12 AM EDT
Please type the title of the News Picks article in the Title box of your
comment, and include the link to the article in HTML Formatted mode for the
convenience of the readers after the article has scrolled off the News Picks
sidebar.

Hint: Use Preview to check that your links are ok. Avoid a Geeklog
"feature" that posts long links broken by inserting line breaks in the
URL at punctuation points such as
<a href="http://www.example.com/xyzblahblah_
blahblah/abcblahblah/defblahblah?
abcblahblah
.html">text</a>

[ Reply to This | # ]

So straightforward
Authored by: Ian Al on Tuesday, October 02 2012 @ 04:28 AM EDT
So, of course, I am having trouble following it.

On June 26, 2012, the Court preliminarily enjoined Samsung from “making, using, offering to sell, or selling within the United States, or importing into the United States, Samsung’s Galaxy Tab 10.1 tablet computer, and any product that is no more than colorably different from this specified product and embodies any design contained in U.S. Design Patent No. D504,889.” ECF No. 1135 (“June 26 Preliminary Injunction”)
I know that 'colorable' has a particular meaning in litigation, but my first reading seemed reasonable: Samsung could not import and sell the Galaxy Tab 10.1 tablet computer and anything close to it. Samsung could not call it the 'Tab 10.1 And A Bit' and put a tiny, matt-black dot in one corner in order to avoid the injunction.

But, what does 'and embodies any design contained in U.S. Design Patent No. D504,889' actually mean? Does that mean 'any design element'? Would straight sides be a design element? Obviously, a rectangle with rounded corners might be the sort of design element intended, but what about the proportion of bezel to screen or the aspect ratio of the screen?

If Samsung imported a Tab 12.2 with a pointy-corner, thick-bezel design, would Apple have to refer it to the court to decide if it was included in the injunction. What does Samsung have to do to show that their Tab 10.2 is more than colorably different when compared with the Tab 10.1?

I assume that the judge can sanction a party for failing to abide by the injunction, but what I took to be a fairly obvious injunction, turns out to leave me totally confused.

I think it is best for all concerned that this injunction is dissolved. Other than the Galaxy Tab 10.1, its relevance to other possible devices leaves too much room for mischief.

---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid!

[ Reply to This | # ]

Retaining the bond
Authored by: jpvlsmv on Tuesday, October 02 2012 @ 02:52 PM EDT
For a minute, I had read that "the court will retain the bond" as
implying that Samsung will get that money, but that doesn't seem to be the case.
Bummer. I was thinking that it would be a great opportunity for Samsung to
score some PR points... "Samsung announces a $2.6M give-away of Galaxy Tab
10.1 devices. And you can thank Apple for it ;)"

--Joe

[ Reply to This | # ]

Just pointing out....
Authored by: Anonymous on Tuesday, October 02 2012 @ 06:57 PM EDT
Anyone feel Judge Koh is owed a bit of an apology from people
on this site who were slamming what they expected her to do
before she even ruled on this motion?

[ Reply to This | # ]

Judge Koh Dissolves Preliminary Injunction on Samsung Galaxy Tab 10.1; Apple May Owe Samsung ~pj
Authored by: Anonymous on Tuesday, October 02 2012 @ 08:52 PM EDT
I hope this isn't an indication of the Judge validating the
verdict.

[ Reply to This | # ]

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