Victory For Apple As Judge Bans Samsung Galaxy Tab In America

Apple [AAPL] enjoyed a victory in the tablet war yesterday when a California district judge yesterday ordered a preliminary injunction against Samsung’s Galaxy Tab 10.1 tablet.

Put simply the “injuction” means that Sansung can no longer sell the Galaxy Tab 10.1 tablet in the United States because the court found in favor of Apple that alleged that Samsung essentially copied it’s iPad product design and created the Samsung Galaxy Tab 10.1 tablet computer.
apple ipad vs galaxy tab lawusuit

Judge Lucy H. Koh of the U.S. District Court for the Northern District of California, San Jose division enjoined Samsung and its U.S. subsidiaries from importing or selling within the U.S. the tablet or any “product that is no more than colorably different from this specified product and embodies any design contained in U.S. Design Patent No. D504,889.”

Judge Lucy Koh also wrote in her decision.

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

The Samsung Galaxy sales ban takes effect as soon as Apple posts a $2.6 million bond. If, by a rare chance, a higher court reverses this ruling down the road, then the bond money is expected to be used to compensate Samsung for the losses it incurred during the ban.

Samsung, meanwhile, has already filed an appeal against the decision, saying that the Samsung Galaxy 10.1 tablet is just one of several gadgets in its tablet product offerings.

In a statement, Samsung said it was disappointed by the decision.
“We believe [the] ruling will ultimately reduce the availability of superior technological features to consumers in the United States,” a spokesman said.”Apple sought a preliminary injunction of Samsung’s Galaxy Tab 10.1, based on a single design patent that addressed just one aspect of the product’s overall design,” Samsung continued. “Should Apple continue to make legal claims based on such a generic design patent, design innovation and progress in the industry could be restricted.”

It remains to be seen how this sales ban affects Samsung, but for now, Apple is winning this fight.

apple ipad vs galaxy tab lawusuit

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