Apple Face Major Setback In Samsung Galaxy Nexus Injunction

Apple vs Samsung

 

 

Apple’s winning streak against Android has hit a major obstacle in a ruling passed the United States Court of Appeals for the Federal Circuit. The US Court has reverses the Samsung Galaxy Nexus injunction and cast doubts about whether the U.S. Patent No. 8,086,604 patent has been infringed.

According to a report from FossPatent:

The Federal Circuit’s reversal of Judge Koh’s decision has two elements. The primary basis for this reversal is that the appeals court saw an abuse of discretion in Judge Koh’s determination that Apple established a sufficient causal nexus between the alleged infringement and the irreparable harm it claimed to suffer. The appeals court agreed with Samsung that Apple had to show not only that the iPhone 4S is bought by many customers because of Siri but also that the functionality covered by the ‘604 patent truly drives sales of the Galaxy Nexus (which in turn harm Apple). If the Nexus infringed this patent but was bought by customers for different reasons, then the infringement wouldn’t be causally-connected to Apple’s potential loss of market share.

If this was the only item on which the appeals court disagrees with Judge Koh, Apple would have at least one more chance to win a Nexus injunction (or an injunction against other Samsung products based on the same patent). But the Federal Circuit additionally addressed a claim construction issue — the meaning of “each” in a particular context — and concluded that Apple is not likely to prevail on its infringement claim.

 

This ruling will now put pressure on Apple to drop the ‘604 unified search patent (Siri patent). This will be a major blow for Apple’s case going forward. The removal of the ‘604 patent from the Android operating system would have been a major win for Apple. It would have gone a long way in differeniating the iPhone from Androids smartphones.

Here is the part of the ruling with regards to causal nexus that will not make great reading for the legal team at Apple:

In other words, it may very well be that the accused product would sell almost as well without incorporating the patented feature. And in that case, even if the competitive injury that results from selling the accused device is substantial, the harm that flows from the alleged infringement (the only harm that should count) is not. Thus, the causal nexus inquiry is indeed part of the irreparable harm calculus: it informs whether the patentee’s allegations of irreparable harm are pertinent to the injunctive relief analysis, or whether the patentee seeks to leverage its patent for competitive gain beyond that which the inventive contribution and value of the patent warrant.It only follows that the causal nexus analysis is not a true or false inquiry. The relevant question is not whether there is some causal relationship between the asserted injury and the infringing conduct, but to what extent the harm resulting from selling the accused product can be ascribed to the infringement. It is not enough for the patentee to establish some insubstantial connection between the alleged harm and the infringement and check the causal nexus requirement off the list. The patentee must rather show that the infringing feature drives consumer demand for the accused product.
Only viewed through the prism of the causal nexus analysis will the irreparable harm allegations reflect a realistic sense of what the patentee has at stake.Here, Apple’s evidence of causal nexus is limited. Apple has presented no evidence that directly ties consumer demand for the Galaxy Nexus to its allegedly infringing feature. Apple rather makes a case for nexus circumstan-tially, based on the popularity of an iPhone 4S applicationcalled Siri. Advertised by Apple as an “intelligent personal assistant,” Siri enables iPhone 4S users to speak their commands to the phone in a natural and conversational tone. There is no dispute that this highly popularfeature is a significant source of consumer demand for theiPhone 4S. There is also no dispute, however, that the Galaxy Nexus does not have a feature equivalent to Siri. Apple nonetheless argues that establishing a causalnexus here is only a matter of connecting the dots. It points to evidence showing that the functionality of Siri depends in part on unified search, and that consumers often use Siri in ways that include looking for information. Apple further asserts that the unified search feature in Siri is the one disclosed in the ’604 patent, and that the claimed search feature is more comprehensive than the prior art. 

 

 

Source: FossPatent

Posted by | Posted at October 12, 2012 09:04 | Tags: , , , , , , , , ,
Storm is a technology enthusiast, who resides in the UK. He enjoys reading and writing about technology.

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