Late on Tuesday, June 26, a U.S. judge sided with Apple and granted its request to stop Samsung Electronics from selling its Galaxy Tab 10.1 tablet in the U.S., marking a significant victory for Apple in the global patent wars.
Many industry experts consider Samsung's Android-powered Galaxy tablets as the main rival to Apple's market-leading iPad, although Samsung's touchscreen tablets are currently a distant second to the iPad. Meanwhile, Microsoft and Google are preparing their own foray into the competitive tablet market.
U.S. District Judge Lucy Koh in San Jose, California, has previously denied Apple's request for an injunction on Samsung's tablet and Galaxy smartphones. A federal appeals court, however, found Apple's case solid, and instructed Koh to reconsider Apple's bid.
"Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products," wrote Koh on Tuesday, according to the Associated Press. The order should become effective as soon as Apple posts a $2.6 million bond to cover potential damages Samsung may suffer should the injunction later prove to be wrong.
"The relief being given to Apple here is extraordinary. Preliminary injunctions are rarely asked for and rarely granted," said Colleen Chien, a professor at Santa Clara Law in Silicon Valley, as cited by Reuters. "That this was a design patent and copying was alleged distinguish this case from plain vanilla utility patent cases. Cases involving these kinds of patents are based more on a counterfeiting theory than a competition theory, so I don't expect this case to have ramifications for all smartphone disputes, but rather those involving design patents and the kind of product resemblance we had here."
Samsung was disappointed in the court's decision, and will likely seek an appeal to a federal appeals court in Washington, DC, which has exclusive jurisdiction over intellectual property disputes. "We will take necessary legal steps and do not expect the ruling to have a significant impact on our business operations, as we possess a diverse range of Galaxy Tab products," the South Korean company said in a statement.
"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," added Samsung. "Should Apple continue to make legal claims based on such a generic design patent, design innovation and progress in the industry could be restricted."
Samsung introduced the Galaxy Tab 10.1 last June, and last month it unveiled an upgraded version, the Galaxy Tab 10.1 II. The company, which has several tablet lineups with sizes ranging from 7 inches to 10.1 inches, said the U.S. ruling does not affect the Galaxy Tab 10.1 II. Retailers can also sell their existing Galaxy Tab 10.1 inventories.
The case in U.S. District Court, Northern District of California, is Apple Inc v. Samsung Electronics Co Ltd et al, 11-1846.
