Apple Moves for U.S. Galaxy Tab 10.1 Ban

| News

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.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.

Comments

Gary

especially those on the news sites

I don’t know if Brad’s criticisms about Mr Mueller are true or not.  In fact, I don’t much care - it’s a moot point for me.  What annoys me is that you never see ‘insights’ from anyone else.  Web sites (TMO, et al) are always quoting just him and that’s what annoys me.  Even if only for balance, you should try to find an alternative source - please Jeff?

I do tend to read (or at least, begin reading) posts about these patent spats.  But every time - and I do mean every time - I see his name, I immediately stop reading and go into “scan mode”, skipping over the remainder of the article.  It’s very, very rare that I’ll backtrack to the point where his name is mentioned and pick up details from that point onwards, whether direct quotes or not.

Bosco (Brad Hutchings)

Why wouldn’t sites like TMO love this clown as a source? He tells them what they want to hear, and puts an authoritative stamp on it. He’s an “expert” on open source, patents, Germany, umlauts, etc. How do we know? Because he claims to be an expert and people quote him.

Florian’s advice to developers to just settle during the early parts of the Lodsys story is unforgivable. It wasn’t just expert advice either. It was trolling for a customer (Lodsys) disguised as analysis. In a fair world, he would be cleaning the corn dog deep fryer at a local Wienerschnitzel.

John Din, artist

Hi Jeff,
Apple lost big against MS when it did not patent enough and now it’s stalemating after it patented everything under the sun. Hope that Apple begins to win big against blatant, serial infringers. It’s as if councils to both sides are colluding to achieve maximum profitability for the legal firms. Perhaps Florian could address this speculative but possible Machiavellian scheme.

stilep

I cant believe that anyone actually believes the galaxy tab has caused the ipad any “harm” by being on the market.  If they both ran the same OS or if they had sales numbers that were even in the neighborhood of comparable, maybe.  I also can’t believe that none of these articles ever state what patent is supposedly being violated.  Did some judge grant apple a patent on black rectangles or something?

Log-in to comment