Court refuses Apple's request to ban Samsung Galaxy Nexus

[TensionKiller]

Android wins again.

A U.S. appeals court has denied Apple a rehearing on the rejection of an injunction on sales of Samsung Electronics' Galaxy Nexus. Apple had earlier questioned a criterion for preliminary injunctions used by the court.
samsung, apple

The company asked the court to review its earlier ruling that to secure a preliminary injunction, a 'causal nexus' had to be established between the infringing feature and consumer demand for the accused product.

The U.S. Court of Appeals for the Federal Circuit also denied Thursday Apple's motion for a rehearing by a full court of its petition, without giving reasons.

The causal nexus criterion requires the patent holder to prove, as a prerequisite to securing a preliminary injunction, that the patented feature drives consumer demand for the accused product, Apple said in its petition. Neither the Supreme Court nor the appeals court has ever before imposed such a feature-specific prerequisite to injunctive relief, it said.

Electronic devices contain a host of features, many patented, that are not even apparent to consumers but which enhance the utility and ultimately the value of the product, according to Apple. "In cases involving such products, and many others, circumstantial evidence will be important to establishing the prerequisites to a preliminary injunction," it added.

Courts have traditionally considered only four factors in issuing preliminary injunctions: likelihood of success, irreparable injury, balance of hardships, and public interest, Apple said. The court has, however, held that causal nexus is part of the showing of irreparable harm.
Granted, then withdrawn

The U.S. District Court for the Northern District of California, San Jose division ordered in June a preliminary injunction on the Galaxy Nexus, but it was vacated by the appeals court.

The record does not permit the inference that the allegedly infringing features of the Galaxy Nexus drive consumer demand, the appeals court ruled in October. Apple claims that Samsung infringes in the Quick Search Box of Galaxy Nexus a unified search feature used in the Siri voice assistant, which is disclosed in the disputed patent bearing U.S. patent number 8,086,604.

Apple and Samsung have a number of legal battles in the U.S. and abroad. In another lawsuit before the District Court in California, Judge Lucy H. Koh on Tuesday granted judgment as matter of law that Samsung's patent infringement was not willful, and declined to raise the US$1.05 billion in damages earlier awarded to Apple by a jury. The court also refused Samsung a retrial.

John Ribeiro covers outsourcing and general technology breaking news from India for The IDG News Service. Follow John on Twitter at @Johnribeiro. John's e-mail address is john_ribeiro@idg.com

[TensionKiller]

Old and maybe dangerous technology in Mac Pro's.

Apple to cease Mac Pro shipments to Europe

Most consumers who want to own Apple devices only think about an iPhone, iPod, iPad, MacBook, or iMac. But there is another Apple product that’s aimed at the professional or power home user: the Mac Pro. Prices start at a hefty $2,499, but in return your get a desktop machine with up to 12 cores and therefore a lot of performance.

Unfortunately, Apple has neglected to update or promote the Mac Pro line for quite a while and they still rely on Intel’s Xeon processors. Now it seems even if you do want one, soon you won’t be able to across Europe.

From March, Apple has announced it will no longer be offering the Mac Pro for sale across all countries within Europe. The reason is one of regulatory requirements. Apparently, Amendment 1 of regulation IEC 60950-1, Second Edition comes into effect on March 1 and the Mac Pro power supply and wiring does not come up to spec. So rather than updating the internals of the machine, which Apple clearly doesn’t want to do, it will instead stop offering it for sale.

If you want a Mac Pro you will have to be quick. The existing stock will likely be sold until February 28, but after that Apple probably won’t be allowed to sell any that are left and will end up recycling them rather than shipping them back to the US. Who knows, we may even see a sale of the hardware to clear it nearer the end of the month.

Apple’s failure to update the Mac Pro demonstrates the changing marketplace for consumers. People want Apple laptops or super thin all-in-one desktops like the new iMac. The market for performance desktops and servers, with Apple’s name on at least, has all but disappeared as far as the company are concerned.

http://www.geek.com/articles/chips/a...urope-2013021/

[-Huey-]

And you're telling us because?.....

[TensionKiller]

Originally Posted by -Huey-

And you're telling us because?.....

And you reply because?

Desperate Apple will now make a...

Budget iPhone 5 will be plastic

The new iPhone will reportedly resemble the iPhone 5 from the front but Apple will replace that handset's aluminium body with a cheaper plastic casing.

Jeremy Horwitz, of iLounge, claims that "reliable sources" have told him in detail what the new device will look like. He said the new device will have a 'retina' display and feature Apple's new Lightning connector for charging and syncing.

He wrote: "One of our sources claims that Apple’s iPhone prices remain too high for most mainland Chinese customers—the iPhone 5 hardware alone starts at $849 there, versus the iPhone 4 at $500, in a country where the average annual salary is around $3,000 per person).

"The source has said that mainland Chinese iPhone 5 sales are already tapering off as a result of the pricing, which is higher than in Hong Kong. A budget iPhone model would help sales in populous but underdeveloped countries to grow."

Horwitz also says that Apple will release an upgraded iPhone 5S, with an improved rear camera, perhaps in July. He says his sources claim a fifth generation iPad and a new iPad mini - with 'retina' display - will be released in October.

http://www.telegraph.co.uk/technolog...for-China.html





Oh My, I Phone's are sliding now. People are realising that why pay more for something ****ter than that is on the market?

Plastic and I Phone's LOL. I Phone's had a solid base, although the screen and button would **** up easily, at least it was tough a little. Shame on Desperate Apple.

[-Huey-]

I wouldn't mind having a plastic casing on back of the iPhone 5S...hell, android phones are all plastic, and it don't seem to bother its annoying ass fanboys. Don't see how it won't work for the iPhone 5S. Might get a price drop since plastic phones are cheaper anyway. I've had every iPhone since the very first one...not a fan of plastic phones, but I'll keep an open mind.

[TensionKiller]

Originally Posted by -Huey-

I wouldn't mind having a plastic casing on back of the iPhone 5S...hell, android phones are all plastic, and it don't seem to bother its annoying ass fanboys. Don't see how it won't work for the iPhone 5S. Might get a price drop since plastic phones are cheaper anyway. I've had every iPhone since the very first one...not a fan of plastic phones, but I'll keep an open mind.

Plastic phones are light. The S3 is made from a very strong material called Polycarbonate.

As for plastic I Phone's, is it not what Mac******s like to say to put Android phones down? Is it not the 'quality' finish that is suppose to set Apple apart? LOL.

Once again Apple copies Android in the modern smart phone era.