Apple Wins Second Rare Pre-Trial Injunction Against Samsung Phone

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U.S. District Court Judge Lucy Koh issued the second pre-trial injunction of the week against Samsung, this time in regards to the Galaxy Nexus phone. The ban prohibits sale of the device in the U.S., and if upheld, represents a serious blow to the South Korea company. Earlier this week she also issued a pre-trial ban against the Galaxy Tab 10.1.

Samsung Galaxy Nexus Injunction

Apple and Samsung, among others, have been duking it out in the courts around the world for years, but rarely does any side win two injunctions against the other of such scale in such a short amount of time. As a counterpoint, it was only last week when Apple had a setback when a case against Google’s Motorola Mobility was effectively dismissed by Chicago Federal Court Judge Richard Posner.

However, in today’s ruling, as reported by Reuters, Judge Koh stated “Apple has made a clear showing that, in the absence of a preliminary injunction, it is likely to lose substantial market share in the smartphone market and to lose substantial downstream sales of future smartphone purchases and tag-along products.”

As would be expected, both injunctions were immediately appealed by Samsung. Judge Koh indicated on Friday that she may rule on Samsung’s request to stay the Galaxy Tab injunction during appeal on Sunday, and she set a hearing for Monday to hear arguments for a similar request on the Glaaxy Nexus.

The new injunction will take effect once Apple posts a $95 million bond. If the injunction is overturned after it takes effect, the bond money could be used to pay damages to Samsung.

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Comments

RonMacGuy

As Mr. Spock would say, “Fascinating.”

Bosco (Brad Hutchings)

Injunctive relief is a horrible overreach. All it will do is spawn further injunctive relief. The problem for Apple is that it has 2 products. Hit one of them, and Apple is teh screwed. On the other side, this is a deep flesh wound inflicted on Google, but mostly with respect to OEM partners and Google’s influence in driving the platform. A plethora of ICS phones are hitting the market. Apple can’t get injunctions fast enough. It’s a stupid battle and a lost one at that. A majority people prefer smartphone products made by someone other than Apple. They won’t love Apple any more if Apple is taking away their choices.

Posner got this absolutely right in Moto v. Apple. If the courts don’t step in and demand that this be solved with licensing, either voluntary or compulsory, the only winner when this all settles out will be RIM. Or maybe a resurrected Palm.

sk

“Searching from a text box” .. wow .. Apple indeed innovates !!!

Terrin

Posner got this absolutely right in Moto v. Apple. If the courts don?t step in and demand that this be solved with licensing, either voluntary or compulsory, the only winner when this all settles out will be RIM. Or maybe a resurrected Palm.

Posner’s issue was Apple couldn’t prove damages based on Motorola’s small share of the market. Apple doesn’t have the same problem with Samsung.

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