Judge Bans Sale of Samsung's Galaxy Tab 10.1 in the U.S.

June 27, 2012 -

Another day, another court doing the dirty work of one corporation against another. This time around it is Samsung who finds itself in the unenviable position of having the sale of its products banned in the United States.

A federal judge has ordered a preliminary injunction against Samsung's Galaxy Tab 10.1 for violating a design patent related to Apple's iPad. The injunction will go into effect immediately after Apple pays out on a $2.6 million bond to the court. Samsung is barred from selling the device in the US because the judge agreed with Apple's arguments in court that Samsung "slavishly" copied iPhone and iPad designs to create its competing Android devices - Galaxy S smartphones and Galaxy Tab tablets.

Apple originally filed for a preliminary injunction against the Galaxy Tab in July of 2011, after suing the company for its alleged patent violations.

You may recall that earlier this year Judge Lucy Koh ruled that the Galaxy Tab infringed on one of Apple's registered design patents. In her decision she said that "Samsung appears to have created a design that is likely to deceive an ordinary observer." Judge Koh originally denied the injunction, saying that Apple's design patent might be invalid because of prior art submitted by Samsung.

Apple successfully appealed Koh's finding with the appellate court, who ordered the decision remanded back to the district court. Judge Koh had planned a hearing for June 29, but on Tuesday canceled that hearing and entered her order for a preliminary injunction.

"Based on [the] record, the Court determines that further briefing and argument from the parties on the issue of the preliminary injunction is unnecessary," Koh wrote in her decision. "Moreover, because this Court has already found that denial of an injunction would cause Apple irreparable harm, any further delay of the injunction is not justified."

Apple and Samsung have over 20 lawsuits pending all over the world, as well as a complaint with the US International Trade Commission. Judge Koh is also expected to make a ruling on another preliminary injunction against the Galaxy Nexus related to a second US patent infringement suit Apple filed against the company earlier this year.

Source: Ars Technica


Comments

Re: Judge Bans Sale of Samsung's Galaxy Tab 10.1 in the U.S.

What "ordinary observer" could be confused about whether or not a Galaxy Tab is an iPad?

Re: Judge Bans Sale of Samsung's Galaxy Tab 10.1 in the U.S.

Problem is that Apple will try to litigate this to death not because the device is or is not an exact copy, but because they found a friendly judge who may or may not be receiving favors from Apple, simply because Apple hates competitions from that which it considers to be reserved only for them.

"The Good, the Bad, and the Videogame" Reviews on the best, worst, and controversial issues of Videogames. gryphonosiris.blogspot.com/

Re: Judge Bans Sale of Samsung's Galaxy Tab 10.1 in the U.S.

You don't get to be a multi-billion dollar company if you like competition.

Standard game theory rules apply here.. it might be sleezy, it might be dirty pool, but the companies that engage in it will rise to the top while ones that fail to utilize such tools will see decline.

Re: Judge Bans Sale of Samsung's Galaxy Tab 10.1 in the U.S.

Heh, I'm pretty sure that's why they haven't tried to make a game console. They know they wouldn't have any grounds to sue Microsoft Sony and Nintendo out of business.

Re: Judge Bans Sale of Samsung's Galaxy Tab 10.1 in the U.S.

Plus you can only play so many rounds of Photoshop before it becomes boring.

"The Good, the Bad, and the Videogame" Reviews on the best, worst, and controversial issues of Videogames. gryphonosiris.blogspot.com/

 
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