Apple filed a motion for a preliminary injunction late on Friday to block the import of Samsung’s Galaxy Tab 10.1 tablet in the United States. The motion followed a Federal court ruling that an iPad design patent, previously ruled invalid, is actually valid after all.
“Apple’s motion is fairly likely to succeed,” said Florian Mueller of Foss Patents. “If and when it does, there will be formal U.S. bans in place against all three of the leading Android device makers.”
Apple wants to block Galaxy Tab 10.1 imports in the U.S.
Assuming Apple is granted its injunction request, will be a blow to Samsung, but not a major hit to the company. Samsung would need to redesign parts of the Galaxy Tab 10.1 tablet to work around Apple’s patents, just as it did in Germany.
Apple and Samsung have been locked in a legal battle over patent infringement claims for several months. Both companies have alleged that the other’s mobile devices use patented technologies without proper licensing, and have filed lawsuits against each other in the U.S. and other countries.
Two of the three judges involved in reversing the ruling that Apple’s iPad design patent is invalid said the matter should now go back to Judge Lucy Koh for review since she issued the original ruling. The third Judge on the panel said that Apple should be granted an injunction immediately because Mac and iPad maker is suffering harm from Samsung’s tablet remaining on store shelves.
Apple has asked Judge Koh to make a ruling without a new hearing, and is offering to give Samsung until May 25 to respond.
Apple and Samsung executives are set to meet to discuss a possible settlement in their patent dispute this week, and Judge Koh won’t issue any ruling while both companies are in discussions. Assuming those talks fall apart — a strong possibility, according to Mr. Mueller — then she could issue a ruling shortly after.