Apple Wins Injunction Prohibiting Samsung Galaxy Tab Sales

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A U.S. court handed Apple a major victory on Tuesday, granting the company a preliminary injunction that prohibits the sale of Samsung’s Galaxy Tab Android-powered tablet in the U.S. The decision from Judge Lucy Koh was handed down despite her earlier public antipathy towards granting Apple an injunction.

Samsung Injunction

“Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products,” Judge Koh wrote on Tuesday, according to Reuters.

Bloomberg added that Judge Koh wrote, “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.”

This marks the first major product injunction won by any of the companies duking it out with Apple over various and sundry patent infringement claims. Just last week, Judge Richard Posner threw out claims between Motorola Mobility and Apple, with prejudice, meaning that neither company can re-file those same claims (though both can appeal).

Judge Koh’s decision to grant Apple an injunction came after an appeals court told the judge to reconsider her decision not to grant a preliminary injunction. That court said that Apple was likely to win its patent infringement claims against Samsung.

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8 Comments Leave Your Own

Bosco (Brad Hutchings)

Here are your prop bets…

1. Will Apple post the bond immediately, or just delay indefinitely?

2. Will they be arguing over the Galaxy Tab 2 10.1? Because the big etailers won’t be happy.

3. Will Verizon go ballistic since it still sells the OG Galaxy Tab 10.1 on contract?

daemon

I’d really like to know how the hell Apple got a design patent on the picture frame… Must have been the same guy who approved the patent on swinging on a swing…

Bryan Chaffin

Alternately, daemon, there’s more to Apple’s design patent that meets your eye. It has, after all, survived several challenges.

Brad, do U.S. injunctions require a bond? I know Germany does, but I thought that was a specific difference from the U.S.

In any event, with Apple’s cash hoard, posting any required bond would be a trivial decision.

I think the real question is whether this will be the tipping point for Samsung to abandon this track and offer up a new design that doesn’t infringe. Doing so should be trivial for a company like Samsung.

I don’t think Verizon or the big etailers opinion will matter in this.

The Galaxy Tab 2 is another issue?I also wonder how that will play. Judge Koh doesn’t have a lot of patience for this stuff.

Bosco (Brad Hutchings)

Here’s the patent. This is insane. Based on all but the last picture, it could be any photo frame on the market. The aspect ratio even varies. You can read the whole damned thing in about 30 seconds.

The bond requirement is $2.6M, pocket change. The ban begins when Apple posts the bond. I wouldn’t be surprised if Apple takes a few days or a week or so to actually post the bond, in what might look like a bizarre tribute to the Unexpected Hanging paradox. But I also expect that behind the scenes, Verizon will be applying a lot of pressure. This will cost them with their business customer segment who want fast tablets to run corporate apps. They haven’t even made noises about rolling out the GT2, and have a ridiculous full price on the OG model.

Aftermac

Wow… this will be interesting to see play out.

One BIG thing to remember is that before the iPad, tablet design was all over the board, dozens of different designs and form factors… However, today most everything looks like an iPad. On the “surface” this looks like an unenforceable patent, but looking at the history of table design, I’m not so sure.

jfbiii

They didn’t patent a “picture frame.” They patented the ornamental design for an electronic device. One that does substantially more than even what one could describe as an electronic picture frame.

Samsung and fandroids are pissed (rightly so) over the generic patent. And I agree, the patent system is flawed and grants MANY patents that it shouldn’t. However, Samsung is so very uncreative when it blatantly copies Apple in every aspect of its phone and tablet business that it deserves to lose: the packaging design; the charger design; the device designs…they are all more than just derivative. Samsung doesn’t even bother to pretend otherwise, until they get in front of a judge.

svella

Bitches please. It’s not like the iPad is a new idea.
iPad before iPad was cool

Aftermac

No one is claiming that Apple invented the tablet…

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