An Apple victory in a landmark patent infringement case
Seems that an U.S. Judge requested for a preliminary injunction against Samsung's Galaxy Tab 10.1... Samsung already appealed.
The patent wars continue.
Now, a federal judge ordered a preliminary injunction against Samsung's Galaxy Tab 10.1 for violating a design patent for Apple's iPad.
This one will go to effect immediately after Apple posts a $2.6 million bond to the court, then Samsung will be barred from continued sales of the device in the US.
A big win for Apple, but the legal war is far from over as Samsung has already appealed and said the 10.1 is "just one of several gadgets in its tablet lineup"."Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products," Judge Lucy Koh wrote. "As a patent holder, Apple has a valid right to exclude others from practicing Apple's invention."
"In this case, although Samsung will necessarily be harmed by being forced to withdraw its product from the market before the merits can be determined after a full trial, the harm faced by Apple absent an injunction on the Galaxy Tab 10.1 is greater," Judge Lucy Koh wrote in her decision.
Here's a little timeline of the "Apple's zig-zag path to victory":"We believe [the] ruling will ultimately reduce the availability of superior technological features to consumers in the United States," a spokesman said.
"Apple sought a preliminary injunction of Samsung's Galaxy Tab 10.1, based on a single design patent that addressed just one aspect of the product's overall design," Samsung continued. "Should Apple continue to make legal claims based on such a generic design patent, design innovation and progress in the industry could be restricted."
Samsung pledged to "take necessary legal steps" to protect the Galaxy Tab, but the company said it does "not expect the ruling to have a significant impact on our business operations, as we possess a diverse range of Galaxy Tab products."
Apple and Samsung have over 20 lawsuits pending globally, as well as a complaint with the US ITC.April 2010: Apple introduces the original iPad in San Francisco
Feb. 2011: Samsung unveils the Galaxy Tab 10.1 in Barcelona
March 2011: Apple unveils the thinner iPad 2. Samsung's CEO vows to redesign his tablet
May 2011: Samsung gives away 5,000 Galaxy Tab 10.1s to attendees at Google I/O
June 2011: Apple claims Samsung infringed D'889, a design patent signed by Steve Jobs
July 2011: Apple requests a preliminary injunction blocking the sale and importation of the Galaxy Tab 10.1
Dec. 2011: Judge Koh denies Apple's request based on Samsung's argument that their tablet could have been derived from two tablet designs that preceded the iPad, and not from D'889
May 2012: A Federal appeals court overrules Koh, writing that the two prior tablet designs were too different from the iPad to be the basis for Samsung's tablet
June 2012: In a high-profile ruling, Judge Richard Posner denies a similar injunction request in Apple v. Motorola
June 2012: Judge Koh grants Apple its preliminary injunction against Samsung
July 2012: The trial is scheduled to begin July 30. If Apple prevails, Samsung could be liable for substantial damages
Also, the same judge is expected to make a ruling on a preliminary injunction against the Galaxy Nexus, as part of another patent infringement suit which Apple filed against Samsung in early 2012.
NEWS SOURCE #1: Article #2406374 (via) PC Mag
NEWS SOURCE #1: Judge bars sales of Samsung Galaxy Tab 10.1 in US (via) ArsTechnica
Our thanks to 'Gauss' for this news item!