Summary: The USPTO, a vassal to aggressive US brands, continues to enable abuse and bullying rather than open innovation
Apple just lost another round. The US Court of Appeals for the Federal Circuit has denied Apple’s petition for en banc review of Judge Lucy Koh’s decision not to order a permanent injunction against Samsung. The court also denied Apple’s motion asking for permission to file a reply brief.
In one of the most dramatic and closely watched court-battle (after Oracle-Google), judge Lucy Koh has issued four rulings on post-trial briefs.
In a nutshell there won’t be a new trial, as Samsung wanted, because the judge thinks that the trial was fair despite allegations that the jury foreman could have been biased. She also ruled that there won’t be any more money for Apple as the iPhone maker failed to prove they were ‘undercompensated’ by the jury. The most important ruling was that she also found that ‘Samsung did not willfully’ infringe’.
Here is more and an update from Jones, who writes: “Apple and Samsung must be groaning. The trouble with Tribbles, of course, is that there’s no seeming end to them — “they are born pregnant” and threaten to consume all the onboard supplies, but Judge Grewal, like Spock, is immune to their effects, so he refuses most of the requests, saying over and over that the parties have failed to show in a particularized way how revealing the materials would be harmful.”
Here is what this one pro-Apple site says, as spotted by Jones:
OS X is degrading into a base for an entertainment platform.
How true. And notice what Apple does with trademarks now:
Apple has been granted a trademark on the design of its Apple Stores by the US Patent & Trademark Office.