13
Jun
wm_IMG_1429

According to the always sometimes occasionally reliable FOSS patents, Apple made a conscious decision to allow Samsung to launch the Galaxy S III on time... so that the case could go to trial sooner. Apple had the option of filing a temporary restraining order to potentially stop the shipment of the SGSIII, but doing so would've been a risk for a few reasons.

Because Apple and Samsung are still in litigation over the Galaxy Nexus, Apple could attempt to stop shipment of the GSIII using a temporary restraining order (TRO). In order for the TRO to be granted, Apple would have to prove that there aren't enough technical differences between the two phones; consequently, by their logic, the GSIII should be tied up as well. However, in filing a TRO, the hearing and trial would likely be pushed back. Factor in the the possibility of the TRO not being granted because the GSIII is sufficiently technically different, and it's an unappealing proposition. Thus, Apple opted not to file a potentially failing temporary restraining order that would delay their case.

With the hearing scheduled for June 21 and the trial set for July 30, we thankfully won't have too long to see how things go. Until, you know, the appeal. And then that appeal. And the new suits that continue to crop up left and right...

[Source: FOSS Patents]

Aaron Gingrich
Aaron is a geek who has always had a passion for technology. When not working or writing, he can be found spending time with his family, playing a game, or watching a movie.

  • http://profiles.google.com/tonycerdais Tony Cerda

    To be honest, I just think of Apple as that bully company that sues everybody. It has now become afterthought that they make phones and computers.

  • http://twitter.com/samhorne Samuel Horne

    In some ways, Apple should just be sued for wasting all of the world's court's time. Doing so would stop most lawsuits I bet.

    • http://twitter.com/snookasnoo Idon’t Know

      Too bad for you they have won so many cases because the court agreed with them.

  • Yash

    Mistake in the title, Aaron!
    Y'all have misspelt "Galaxy"! :)

    • http://www.androidpolice.com/author/jaroslav-stekl/ Jaroslav Stekl

      Fixed

      • AaronGingrich

        Oi, thanks Jaro :)

  • Ahmad Nadeem

    Thank god I don't live in the U.S. Apple doesnt bother stopping shipments in India
    Just hope everyone gets their hands on the GS3 ASAP

  • in2android

    Just when I think Apple has to finally be through w/ the frivolous lawsuits,the go another crazy step further... They're truly out to rob consumers of any mobile experience besides theirs! They're the mobile commy's!

  • Jonathan Isenberg

    Apple never used to bully other companies. It makes me wonder if they are trying to hold on to everything because their company is starting to slip in the market. Instead of blaming themselves, they are trying to blame everyone else by saying that other companies infringed on their patents and designs. 

    It's the sign of a wounded and dying company. Instead of fading gracefully, they are choosing to try and make everyone else look bad. 

    • http://codytoombs.wordpress.com/ Cody Toombs

      Not even remotely true, they've got a long history of doing this, they've even earned a Wikipedia page just for their frivolous legal suits:  http://en.wikipedia.org/wiki/Apple_Inc._litigation
      That article leaves out tons of other examples. They've sued the city of New York quite a few times and have chased after several businesses there. They've always had a culture of bullying and unfair business tactics.

      • Tyler Chappell

        wow, I had no idea about the Carl Sagan one, that's just mind-blowing. As if I didn't hate the total ass of a company enough already.

      • SamsaraGuru

        Like father (I mean founder) like company.

  • PaulAtreides

    Pissed I let Sprint sell out of the 32GB version. Gambled, thought people would go for the 16GB version more. Damn you Apple! After the EVO 4G LTE situation I was really concerned, so I stalled a bit.  

  • http://twitter.com/psych2L Joseph Lee

    Please don't link to FossPatents, Florian Mueller is a paid analyst for Microsoft and Oracle and has zero credibility 

    • AaronGingrich

      I'm glad you read the first sentence of the post.

  • tBs_Battousai

    I tthought it was because the judge had a full timetable....?!