Apple Wins Preliminary Injunction Against Samsung – Bans Galaxy Tab 10.1 Sales In The US

Despite the fact that Apple didn’t quite manage to ban Samsung's Galaxy S III smartphone right before the launch in the US, the US District Judge Lucy Koh agreed to legally stop sales of the company's Galaxy Tab 10.1 tablet in the country. Lucy Koh commented:

"While Samsung will certainly suffer lost sales from the issuance of an injunction, the hardship to Apple of having to directly compete with Samsung’s infringing products outweighs Samsung’s harm in light of the previous findings by the Court." 

The key argument of Samsung claiming that the ban of Tab 10.1 would damage relationships with wireless carriers selling the tablet was not considered, with the Judge saying that the Korean company cannot be heard to complain about broken business relationships that it has established on infringing products.

The device has already been banned by the German courts; despite the fact that Samsung's Galaxy Tab 10.1N was discovered to be sufficiently different to escape infringement. However, according to the agreement Apple has agreed to post $2.6 million bond to compensate Samsung for the loss, if the Korean manufacturer somehow manages to prove that the device doesn’t violate Apple’s D'889 design patent. With the Judge believing that "any product that is no more than colorably different from this specified product" is also part of the injunction”, it seems that an even stronger stance may be taken against Samsung.

Despite the fact that Galaxy Tab 10.1 might still be on sale at some outlets, it is already outdated, and its inheritor - Galaxy Tab 2- is already on the market too. The Tab 2 is yet to be seen whether it’s "colorably different" or not, but probably, it seems to be.

However, Samsung isn’t entirely pleased with Judge Koh's recent decision, notifying the court that the company has already appealed the verdict to the Court of Appeals for the Federal Circuit. For those interested, we have attached the document of the full case below. Check it and do not hesitate to express your opinion further down in the comments.

0 comments :

More

Blog Archive