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Apple fails in bid to block Galaxy S III US launch

updated 02:29 am EDT, Wed June 13, 2012

New hearing must be scheduled to enjoin new smartphone

Late Monday afternoon, US District Court Judge Lucy Koh denied Apple's motion to add the Galaxy S III to the infringing products list in its ongoing battle with cellphone manufacturer Samsung. Koh said that Apple's request to get a temporary restraining order preventing the launch of the highly anticipated smartphone before the expected release date would overload her calendar. The full trial is on the docket for later this summer.

The judge had originally said that Apple could request a temporary restraining order versus the S III, but it would delay the overall trial against all devices. In the ruling on Monday, the judge said that Apple would have to request a new hearing date if it wanted to stop sales of the Galaxy S III, which would be unlikely before the launch.

Koh's ruling didn't say anything about the validity of Apple's claims, regarding either the intended original targets or the Galaxy S III. Apple reinforced the previous statement that blatant copies of its devices was wrong. While Samsung refused to comment, Google unexpectedly chimed in on the matter -- saying that Android's success made it an attractive target for patent litigation.

Barring a last-minute agreement -- which seems unlikely given the failure of the CEOs of Apple and Samsung to reach an agreement during court-mandated negotiations -- the trial will begin on July 30. The Galaxy S III phone is scheduled to be released in the United States on June 21. Samsung was scheduled to present evidence that the S III was markedly different than the Galaxy Nexus in regards to Apple's patents on Tuesday. Any such data release would now take place at a future hearing.




By Electronista Staff
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  1. wrenchy

    Forum Regular

    Joined: Nov 2009

    -13

    Look at that


    Gorgeous Samsung phone. Where can I line up to buy that?


  1. macnixer

    Fresh-Faced Recruit

    Joined: Mar 2006

    +4

    In the US

    injustice could potentially happen because the Judge does not have time to look in to a case. Well, I am not saying that this matter is of life and death but for a corporation not being able to stop intellectual theft is loss of business and in this case it is an US company against a Korean company.

    Why is Obama and rest of US citizens are shouting that Apple is not bringing jobs home when Apple does not even get justice in this country?

    Samsung Galaxy III may be cool but for me it is based on theft, hardware and software. It is unethical product and I will not buy it or ever recommend any friend to get one.

  1. TheMacMan

    Fresh-Faced Recruit

    Joined: Aug 2006

    -2

    font-size:16px

    Write your post here...

  1. TheMacMan

    Fresh-Faced Recruit

    Joined: Aug 2006

    -5

    font-size:16px

    The Nudge is Korean, what did you expect. No regard for justice. Just her convenience.

  1. ricardogf

    Fresh-Faced Recruit

    Joined: Jan 2003

    -1

    Huh?

    As I said before, OF COURSE she would deny it - as a Korean American she should recuse herself and stop playing such biased games in what are clear cases of blatant copying by Samsung, understandably one of Korea's biggest employers and a possible source of other conflicts of interest for Ms Koh and her family/friends.

  1. testudo

    Forum Regular

    Joined: Aug 2001

    -1

    Re: In the US

    injustice could potentially happen because the Judge does not have time to look in to a case. Well, I am not saying that this matter is of life and death but for a corporation not being able to stop intellectual theft is loss of business and in this case it is an US company against a Korean company.

    And then if it goes in front of a court and samsung is found guilty (which, I know, you already have them convicted and waiting to execute, but courts demand stupid things like evidence and such), they'll be forced to pay. That's how it works.

    Why is Obama and rest of US citizens are shouting that Apple is not bringing jobs home when Apple does not even get justice in this country?

    What do you want? A summary judgement that just says "Samsung? Guilty as charged! Off with their heads!"? Justice requires actual, I don't know, proof, going in front of a judge (and jury, perhaps) to mull over the arguments and make a decision. Rushing justice because it would be convenient doesn't help anyone.

    Samsung Galaxy III may be cool but for me it is based on theft, hardware and software. It is unethical product and I will not buy it or ever recommend any friend to get one.

    Well, glad you've made up your mind. Stolen. Samsung broke into Apple's labs and stole the plans to the iphone. Yep, that's what was done.

    BTW, what happens if Apple is said to be violating some Motorola patents? Will you be chucking your iPhone because it's based on theft? Oh, right, that case has no merit...

  1. testudo

    Forum Regular

    Joined: Aug 2001

    0

    @TheMacMan

    The Nudge is Korean, what did you expect. No regard for justice. Just her convenience.

    Yes, because who cares about what other cases she is already hearing and decisions to deal with. They can all be put on the back burner. This is IMPORTANT! Apple thinks Samsung's phone looks too much like their own! This should be on top of everyone's importance list.

    In fact, we should contact our congressmen and get them to pass the Block Samsung (BS) Act. It should prevent Samsung from selling anything to anyone in this country without proving they didn't steal it from Apple. Heck, that's too restrictive. We need a Apple Creates, Others Really Not (ACORN) Act (sorry, you need an acronym otherwise the law has no chance of passing). It basically should say that no company should be allowed to sell a product unless they can prove they didn't steal the idea from apple.

  1. Flying Meat

    Dedicated MacNNer

    Joined: Jan 2007

    +2

    Knee-jerk reactionary rhetoric

    is the only acceptable method of communicating, Testudo. Don't go throwing common sense, objectivity, and facts around like folks might understand what they are (or somehow related to all this).

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