Apple announced just two weeks ago that its quarterly revenue reached $39.2 billion, selling 35.1 million iPhones, 11.8 iPads, and 7.7 million iPods. Apple would like to protect (and grow) that market share by preventing Samsung Galaxy 10.1 tablet computer to sold in the U.S., contending that Samsung violated U.S. patent laws. This week, Apple won a small battle in forwarding that agenda.
APPLE V. SAMSUNG
In April of 2011, Apple Inc. filed a legal complaint against the Korea-based Samsung (PDF) with the United States District Court, Northern District of California. According to the complaint, “Samsung has made its Galaxy phones and computer tablet work and look like Apple’s products through widespread patent and trade dress infringement.”
More than a year later, that suit continues to be argued inside California courtrooms.
It was reported this week that Apple won a small, but significant battle in the U.S. Court of Appeals for the Federal Circuit.
BLOCKING GALAXY
Early in the month, U.S. District Court Judge Lucy Koh initially decided that Apple’s attempts to ban the sale of four Samsung products in question be denied. Essentially, she ruled that Apple could not block Samsung’s release of its Google Android-powered Galaxy tablet until a final ruling.
Apple’s legal team, led by Bruce Sewell, filed an appeal of the decision almost immediately.
This week, the U.S. Court of Appeals for the Federal Circuit overturned that particular decision of Judge Koh.
“The court said the Cupertino, Calif. company would suffer ‘irreparable harm’ from the sales of Samsung’s allegedly infringing tablets,” reports Wall Street Journal staff writer Brent Kendal, “and it ordered the trial judge to consider again Apple’s arguments that sales of the Samsung tablets should be blocked while the legal case proceeds.
The case now returns to the District Court for review under the assumption that the patent is indeed valid.
Many expect, however, that even if Apple is able to acquire a preliminary injunction to stop the Galaxy Tab 10.1 release, Samsung will make small adjustments to the design in order to go ahead with a product relaunch. This is what it did in Germany, where it released a very slightly different Galaxy Tab 10.1N model instead.
