Samsung seeks iPhone, iPad sale ban in Dutch court
Headline Legal News
Samsung asked a Dutch court Monday to slap an injunction on Apple Inc. to prevent it from selling iPhones and iPad tablets in the Netherlands, saying Apple does not have licenses to use 3G mobile technology in the devices.
The legal battle is the latest round in a series of claims and counterclaims of patent breaches by the rival technology heavyweights playing out in courtrooms around the world.
Samsung Electronics Co. lawyer Bas Berghuis told a civil judge at The Hague District Court that Apple "never bothered to ask about licenses" before it started selling 3G-enabled iPhones.
Apple lawyer Rutger Kleemans hit back by accusing Samsung of using the patent dispute to "hold Apple hostage" because of Apple's legal battles accusing Samsung of copying its iPhone and iPad designs.
"It's a holdup," Kleemans said. "Because Apple dared to take action against Samsung's copycat tactics."
Kleemans urged the court to reject the injunction request, saying the patents involved "are not designed to be used as a weapon against Apple."
No date was immediately given for a ruling.
Earlier this month, a court in Duesseldorf, Germany, ruled that Samsung cannot sell its Galaxy Tab 10.1 in Germany because its design too closely resembled the iPad2. The ruling only applied to direct sales from the Samsung, meaning distributors who acquire the Tab 10.1 from abroad could resell them in Germany. Samsung said it would appeal that judgment.
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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019
On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.
For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.
Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.
USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.