Recently, Apple won an appeal from the federal court that would have certainly boosted its morale. Now, Apple has filed a motion for injunction against Samsung’s Galaxy Tab 10.1 which could see the tablet pulled from US shelves as soon as early as June.
The motion which was filed last weekend. It was based on a US Court of Appeals for the Federal Circuit ruling that found Apple’s iPad-related design patent was likely valid. It overturned previous findings from a California court which originally barred the Apple from seeking a preliminary injunction against the Samsung tablet.
According to Florian Mueller of FOSS Patents, Apple’s second injunction attempt is likely to succeed, given that at least one circuit court judge feels such a relief is justified and went as far as to issue a dissenting opinion, stating that merely vacating the California ruling was not enough.
“Circuit Judge Kathleen O’Malley argued that the CAFC should have reversed the decision in order to provided Apple with immediate injunctive relief in light of the irreparable harm it is suffering. But the majority of the judges saw ‘no reason to believe that there will necessarily be delay, or if there is delay that it will be unjustifiable.”
The Cupertino, California-based company is asking Judge Lucy Koh, who denied the first injunction as well as two others regarding smartphone patents, to rule on the matter without a hearing. The request is seen as being a reasonable one as the court already heard arguments over the issue in October. Judge Koh is unlikely to grant the motion for preliminary injunction during the settlement talks scheduled for 21-22 May 2012. Thus Apple has given Samsung until 25 May 2012 to respond.
It is unlikely Samsung will ask for a hearing on the Galaxy Tab injunction if and when the talks fail. In the above scenario, Judge Koh may schedule it on the same 7 June 2012 date as a separate injunction case involving the Galaxy Nexus smartphone.
Although an injunction may not be a devastating blow to the Korean electronics giant, it would signify a publicity win for Apple. It will also force Samsung to redesign the tablet as it did in Germany with the Galaxy Tab 10.1N. Ultimately, the disputes between the two tech giants continue and at the moment, it seems that there is no end.