The mobile computing space is currently dominated by two companies at the moment, Apple iOS and Google Android OS. However, the success of the Android OS has drawn the wrath of Apple’s late CEO Steve Jobs. As a result, Apple has launch an astounding legal attack on OEMs for infringing Apple’s Hardware and Software patents.
The legal battles is closely followed and enjoy huge coverage on the web. I personally found Florian Mueller’s Blog FossPatent to be the most informative. The Tech Storm will endeavour to provide the latest and best coverage of these legal proceedings. Below are a few updates:
1. Apple contacted U.S. carriers and retailers to demand removal of banned Samsung product. Mueller reports:
Samsung claims that “Apple’s menacing letters greatly overreach, incorrectly claiming that third-party retailers are subject to the prohibitions of the preliminary injunction, which they clearly are not”. In Samsung’s opinion, “they are permitted to sell their existing inventory, even without a stay”. However, both preliminary injunctions clearly relate not only to Samsung’s employees, agents etc. (including its subsidiaries and “partners”) but also to “those acting in concert with any of them”.
2. Federal Circuit speeds up proceedings for Galaxy Nexus appeal.
The United States Court of Appeals for the Federal Circuit just entered an order that contains good news for Samsung. As the Korean electronics giant requested, its appeal of the preliminary injunction against the Galaxy Nexus will be evaluated on the fast track. Samsung has until Monday (July 16) to file its opening brief; Apple will file its answer until July 30; and Samsung can reply within another week (until August 6). The court will soon schedule a hearing.
3. Apple and HTC agree on mid-December date for ITC trial in new enforcement action. Mueller reports:
Last week the ITC instituted an enforcement proceeding to investigate Apple’s claim that 29 new HTC devices still infringe the ‘647 “data tapping” patent, but denied temporary emergency relief.
The Commission, the decision-making body at the top of the ITC, assigned the case to Judge Shaw and asked him to set a target date for the investigation. The ITC generally tries to resolve enforcement issues within 12 months of institution of the investigation. Judge Shaw then ordered the parties to jointly propose a schedule.
Apple and HTC agree on all but two target dates. The most important target date on which they agree is the one for the evidentiary hearing (trial): December 19-20, 2012. They are, however, roughly six weeks apart on the target date for Judge Shaw’s initial determination (Apple: March 8, 2013; HTC: April 19, 2013) and the final Commission decision (Apple: July 8, 2013; HTC: August 23, 2013). The Office of Unfair Import Investigations (OUII), commonly referred to as “the ITC staff”, sides with Apple. Judge Shaw now has to decide. If he sets a target date within 12 months of institution of the investigation, his decision will be final. Otherwise it can be reviewed (and possibly modified) by the Commission.
Image Credit: alargan