Victory For Apple As U.S. Judge Bans Samsung’s iPad Rival From Sale In America

Victory For Apple As U.S. Judge Bans Samsung’s iPad Rival From Sale In America
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Samsung’s rival to iPad has been banned from sale in America, after a judge handed Apple a victory in the two companies’ long-running patent battle. The ruling is a major blow for Samsung, whose Galaxy Tab tablets are the main rival to iPad.

The injunction prevents the Galaxy Tab 10.1 being sold in America – and is a bitter blow to Samsung, whose tablets have been gaining ground on Apple’s.

The two companies have been locked in a battle over several continents over Samsung’s Galaxy tablets and smartphones.

Apple has waged an international patent war since 2010 as it seeks to limit the growth of Google’s Android system, the world’s best-selling mobile operating platform.

Google is also preparing its own tablet offering, and Microsoft recently unveiled its own Surface tablet.

U.S. District Judge Lucy Koh in San Jose, California, had previously denied Apple’s bid for an injunction on the tablet and multiple Galaxy smartphones. 


However, a federal appeals court instructed Koh to reconsider Apple’s request on the tablet. 

‘Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products,’ Koh wrote on Tuesday, adding the order should become effective once Apple posts a $2.6 million bond to protect against damages suffered by Samsung if the injunction is later found to have been wrong.

Apple sold 13.6 million iPads in January-March to control 63 percent of the global tablet market, according to research firm Display Search. 


Samsung sold 1.6 million tablets, giving it 7.5 percent of the market.

A decisive injunction in one of the U.S. legal cases could strengthen Apple’s hand in negotiating cross-licensing deals, where firms agree to let each other use their patented technologies.

Opponents of Apple say the iPhone and iPad maker is using patents too aggressively in its bid to stamp out competition.

‘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.

‘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.’

The injunction against Samsung comes less than a week after Apple suffered a serious setback when a federal judge in Chicago dismissed its patent claims against Google’s Motorola Mobility unit. 


Judge Richard Posner ruled that an injunction barring the sale of Motorola smartphones would harm consumers.

Samsung will likely seek to appeal Koh’s ruling to a federal appeals court in Washington, DC, which has exclusive jurisdiction over intellectual property disputes.

‘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 said in a statement. 


‘Should Apple continue to make legal claims based on such a generic design patent, designinnovation and progress in the industry could be restricted.’

The South Korean firm said it would take necessary legal steps, and did not expect the ruling to have a significant impact on its business, as it has a broad range of products. It brought out three tablet models last year alone.

Apple spokeswoman Kristin Huguet reiterated a prior statement from the company, saying Samsung’s ‘blatant copying’ is wrong.

Elite.

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Preston Waters is a thinker. He's not your traditional philosophical persona, however, as he leaves no topic untouched. Covering all the bases, from business to women, Preston Waters is the ultimate man's man for Gen-Y.

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