Free at last, free at last
A US appeals court has overturned a pretrial sales ban against the Galaxy Nexus. The ruling is viewed as a setback for Apple, but it’s just a small battle in what is proving to be a long war of attrition.
U.S. Court of Appeals for the Federal Circuit found that Apple failed to prove that consumers actually bought the Nexus because of infringing technology. The court considered a single unified search patent in the case.
"It may very well be that the accused product would sell almost as well without incorporating the patented feature," the court wrote. "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."
However, the ruling could have an impact on similar cases filed by tech companies in the future. Law professor Colleen Chien told Reuters that the ruling could make it harder for companies to obtain injunctions against competing products.
More here.
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Peter Scott
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