Tag Archive for injunction

Patents in the News 2/26

The CCIA and RIM Tell the FTC Banning Injunctions for FRAND Patents Can Make Smartphone Wars Worse Groklaw February 26, 2013 If the government wants to build a highway and your house is in the way of the highway, what happens?.. Does the government come and tell you, “You have to move out and abandon…

When A Billion Dollars Is Not Enough: Apple’s Persistence in Enjoining its Competitors

On Tuesday February 12, Apple’s “normal” appellate brief appeared on the Federal Circuit’s docket (I say “normal” because Apple took the unconventional step of originally asking for an immediate en banc review, which the Federal Circuit denied).  All that is at stake is the future of meaningful competition in the mobile communications industry. A quick…

What Judge Koh’s order in Apple v. Samsung means for the future of injunctions in the smartphone patent wars

In December, Judge Koh denied Apple’s permanent injunction demands. The ruling sent Florian Mueller into fits over the state of injunction law in the United States.  However, as Dennis Crouch at Patently-O opined, in a post-eBay world Judge Koh’s decision was perfectly sensible: a patentee should not obtain a permanent injunction without a clear showing of both…

Summarizing the Amici Briefs in Apple-Motorola before the Court of Appeals for the Federal Circuit

On June 22 Judge Richard Posner, sitting in designation, dismissed a patent infringement case between Motorola and Apple which included 15 Apple patents and 6 Motorola patents.  Judge Posner explained that even if infringement could be proven, neither party offered sufficient evidence to prove and entitlement to injunctive relief, and neither party had offered credible…

Samsung v. Apple at the ITC – Summarizing the Public Interest Briefs

On November 19 the ITC announced that the full Commission would review the Final Initial Determination in Investigation 337-TA-794, Samsung v. Apple.  The ALJ had determined that there was no infringement by Apple of Samsung’s asserted patents, which Samsung has declared as standard essential patents covering technology implemented by the European Telecommunications Standards Institute (ETSI). …