mardi 10 juillet 2012

Patent war: Samsung can resume sales of Galaxy Nexus in the United States


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Legal - Court of Appeal lifted last Friday ban on sale after the injunction against the Android smartphone.

The war between Apple and Samsung patent becomes little by little into a Kafkaesque drama with its rain of conflicting legal decisions. Last episode to date: the case of the Nexus Galaxy in the United States.

On July 2, the Lucy Koh judge in charge of the proceeding brought by Apple issued a new injunction blocking the sale of the smartphone. The magistrate found that the 4 patent infringement by Apple could be demonstrated in a trial.

The Galaxy tab still prohibited 10.1

But his decision is based on the offence of the only patent N ° 604 which deals with research and voice control functions. Galaxy Nexus has a search bar that serves as well to make queries on the contents of the terminal that on the Internet.

New coup de theatre this Friday since the Court of appeal of Washington lifted the ban on a provisional basis, pending new elements on the part of Apple that must be communicated before July 12.

In addition, Apple must always provisionner 95.6 million which will be paid to Samsung if it manages to prove that it does not violate such patents.

If this decision is a victory for Samsung, after a series of defeats legal, the Court of appeal also ruled on the prohibition of sale of the Galaxy Tab 10.1 tablet decided late June and the first decision was upheld.

In a preliminary decision, judge Lucy Koh found that the Samsung Tablet well violated the patent covering the design of the iPad. "If Samsung will surely lose sales because of this injunction, the injury to Apple by the direct competition of this product exceeds that of Samsung" said the judge.

Apple has agreed to cover the sum of 2.6 million (EUR 2 million) to pay Samsung event to prove that its Tablet design does not violate its patent D889.

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