Preliminary injunction against the Samsung Galaxy Tab 10.1 to be reviewed

Mon, Oct 1, 2012

Legal, News

More news coming out of Apple’s ongoing legal battle with Samsung as a US Appelas Court ruled this past Friday that a lower court should reconsider its initial injunction handed down against Samsung’s Galaxy Tab 10.1.

Apple first won an preliminary injunction against the Galaxy Tab back in June when Judge Lucy Koh ruled that while “has a right to compete, it does not have a right to compete unfairly by flooding the market with infringing products.”

But as luck would have it, the only Samsung product to be granted a preliminary injunction by Koh was also the only Samsung product that was found not to infringe upon any of Apple’s design patents. That said, in late August Samsung filed a motion with the US District Court to have the preliminary injunction lifted.

And now it appears that Koh will be re-evaluating the injunction altogether.

Meanwhile, remember that Apple is pursuing injunctions on other fronts as well, or shall we say for other products.

Following their victory against Samsung this past August in the US District Court, Apple was quick to file a motion seeking an injunction against 8 accused Samsung products.

  • Galaxy S 4G
  • Galaxy S2 (AT&T)
  • Galaxy S2 (Skyrocket)
  • Galaxy S2 (T-Mobile)
  • Galaxy S2 Epic 4G
  • Galaxy S Showcase
  • Droid Charge
  • Galaxy Prevail

And seeking to cover their bases, Apple also asked the court for permanent injunctions against any future Samsung product that contains a feature “not more than colorably different from any of the infringing feature or features in any of the Infringing Products.” An important point because, as you can see from the list above, it doesn’t include Samsung’s more recent products such as the Galaxy S3.

And oh yes, there’s just one more thing. Apple not long ago also asked the Court for over $707 million more in damages from Samsung which would bring their total bill to $1.7 billion. Samsung of course is appealing and recently asked for an entirely new trial altogether, arguing that they were treated unfairly in the initial trial.

via Reuters



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