Apple’s US Injunction Against Galaxy Tab Granted
This is certainly a bad news for Samsung. Now Samsung will be as angry as The Incredible Hulk.
US District Judge Lucy Koh has granted Apple’s request to block sales of Samsung’s tablet, the Galaxy Tab, which is one of the key competitors to iPad. The decision has come one week after a Samsung petition to rehear the patent case was denied.
According to Koh:
“Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products.”
The report shows that the injunction will be effective when Apple puts up a $2.6 million bond set aside for Samsung if the sales ban is later found to have been in error.
The Cupertino, California-based company won an appeal from the Court of Appeals for the Federal Circuit last month that reopened the company’s bid for a sales ban against its rival. The court disagreed with Koh’s ruling of Apple’s design patent being “obvious” Following the appeal; Apple filed its motion against the Galaxy Tab, once again.
At this point, Apple was told that it would have to wait until the formal ruling from the United States Court of Appeals for the Federal Circuit (CAFC) was handed down to the District Court. Samsung argued that its 4G tablet was not competing directly with the 3G-equipped iPad 2 but the line of reasoning proved to have no effect.
The recent injunction is a significant victory for Apple in the US. Previously, Apple successfully argued for temporary injunctions in Australia and Germany. Samsung successfully dodged the injunction in Germany by releasing the redesigned Galaxy Tab 10.1N.
The Australian ban was overturned in November 2011. At that time, Apple was able to obtain a stay order, thus, getting the ban extended for a week. However, later Apple failed to obtain more extension and Samsung’s Galaxy Tab 10.1 was released in December 2011. The battle between the two tech giants will continue with Apple, currently gaining an upper hand.