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Added by Gauss on 15.07.2012 |
Sends letters to enforce Samsung product ban.
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It looks like Appe has been sending letters to US carriers and retailers demanding the removal of banned Samsung products.
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Total Likes : 2 |
Total dislikes : 11 |
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Seems that Apple has contacted carriers and resellers of Samsung's Galaxy Tab 10.1 and Galaxy Nexus, demanding that they stop selling 'banned' products.
Apparently, those actions were revealed in a court filing made by Samsung. The enforcement of the ban involved letters "to many carriers and retail companies that currently sell" the banned products.
Samsung has described the tactic a "menacing".
Those companies were told to "immediately" remove the Galaxy Tab 10.1 in letters that went on on June 28. Similar letters related to the Galaxy Nexus smartphone were sent on July 3.
"Apple's menacing letters greatly overreach, incorrectly claiming that third-party retailers are subject to the prohibitions of the preliminary injunction, which clearly they are not," Samsung argued in its court filing. The Korean electronics maker is of the opinion that retailers "are permitted to sell their existing inventory, even without a stay."
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According to FOSS Patents' Florian Mueller, Apple's approach is "aggressive," but he also believes that Apple's understanding of the injunction against Samsung's products is "not baseless."
Here's an example of a transcribed letter which covers the Galaxy Tab 10.1:
VIA FACSIMILE, REGISTERED MAIL, FEDERAL EXPRESS AND REGISTERED AGENT
Re: Apple Inc. v. Samsung Electronics Co., Ltd., et al., United States District Court, Northern District of California, Case No. C-11-01846 (LHK)
Dear [recipient]:
We represent Apple Inc. in the above-referenced action.
We enclose a copy of the June 26 preliminary injunction ordered entered by the U.S. District Court for the Northern District of California in this case together with a copy of Apple's U.S. Design Patent No. D504,889 (the '889 patent'). With the posting of the requisite bond, the order is now in effect.
The order provides as follows:
[T]he Court issues the following order enjoining the Galaxy Tab 10.1 from sale in the United States: Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, Inc., its officers, directors, partners, agents, servants, employees, attorneys, subsidiaries, and those acting in concert with any of them, are enjoined from making, using, offering to sell, or selling within the United States, or importing into the United States, Samsung's Galaxy Tab 10.1 tablet computer, and any product that is no more than colorably different from this specified product and embodies any design contained in U.S. Design Patent No. D504,889.
(emphasis added).
As the italicized language provides, the order applies not only to the named Samsung entities, but also to anyone "acting in concert" with them. Apple thus believes that the order extends to you because you may be selling, offering to sell, or importing the Galaxy Tab 10.1 tablet computer.
Please comply with the order by ceasing immediately to engage in any of the specified acts (e.g., importing, offering to sell, or selling within the United States) in connection with the Galaxy Tab 10.1 tablet computer and any product that is no more than colorably different from it and embodies the '889 patent's design. At a minimum, Apple believes compliance with the Court's order requires immediately removing for sale the Galaxy Tab 10.1 from all physical and online venues under your direction or control.
Please contact the undersigned if you have questions.
Regards,
[signatory]
Enclosures
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Is Apple going too far? What do you think of all this?
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AppleInsider
Apple contacts US carriers resellers to enforce Samsung product ban
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SlashDot
Apple tells retailers to stop selling certain Samsung devices
Click here to visit link
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