Within the same week in June, Apple succeeded in getting preliminary injunctions barring the sales of the Samsung Galaxy Tab 10.1 and the Samsung Galaxy Nexus in the US. That surely wasn’t Samsung’s best week.
The Galaxy Nexus ban was lifted the following week but the Galaxy Tab 10.1 ban is still in effect. Now, Samsung wants Apple to pay for this ban.
![lawsuit, legal, Samsung, us, Apple, patents, ban, patent, injunction, Galaxy Tab 10.1,]()
Judge Lucy Koh of the U.S. District Court for the Northern District of California, San Jose said in her decision about the Galaxy Tab 10.1 preliminary injunction that “Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products.”
Apple was arguing that the Samsung tablet infringed on its patents and the judge issued the ban in relation to Apple’s U.S. Design Patent No. D504,889.
Just recently, Samsung was levied a massive $1.05-billion in damages in its recent landmark loss to Apple in the recently-concluded Apple versus Samsung trial in San Jose, California. The South Korean tech giant also saw the jury judge almost all of its smartphones involved in the case judge as infringing devices.
However, the Galaxy Tab was actually judged by the jury as innocent of Apple’s claim that it infringed on its intellectual property.
Samsung has filed for the lifting of the ban on the Galaxy Tab 10.1 and that Apple pay for damages. It said in a filing:
“On June 26, 2012, the Court preliminary enjoined Samsung from “making, using, offering to sell, or selling within the United States, or importing into the United States, Samsung’s Galaxy Tab 10.1 tablet computer, and any product that is no more than colorably different from this specified product and embodies any design contained in US Design Patent No. D504,889″. Samsung timely filed a notice of appeal that same day. A trial in this matter was held from July 30-August 24, 2012, resulting in a finding by the jury that the Galaxy Tab 10.1 did not infringe Apple’s D’889 patent. The Court has entered final judgment reflecting the jury’s verdict. Accordingly, Samsung requests that the Court dissolve the preliminary injunction and retain the $2.6 million bond posted by Apple pending a determination of damages suffered by Samsung as a result of the injunction.”
Samsung wants Apple to pay it the $2.6 million bond it posted to the court to get the ban implemented. Furthermore, Samsung will determine how much more (if any) it suffered as damages resulting from the ban.
How much do you think Apple should pay for this ban? Tell us in the comments below.
![lawsuit, legal, Samsung, us, Apple, patents, ban, patent, injunction, Galaxy Tab 10.1,]()
Images from samsungtomorrow on Flickr
[cb]Apple[/cb]
[cb]Samsung Electronics[/cb]
Judge Lucy Koh of the U.S. District Court for the Northern District of California, San Jose said in her decision about the Galaxy Tab 10.1 preliminary injunction that “Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products.”
Apple was arguing that the Samsung tablet infringed on its patents and the judge issued the ban in relation to Apple’s U.S. Design Patent No. D504,889.
Just recently, Samsung was levied a massive $1.05-billion in damages in its recent landmark loss to Apple in the recently-concluded Apple versus Samsung trial in San Jose, California. The South Korean tech giant also saw the jury judge almost all of its smartphones involved in the case judge as infringing devices.
However, the Galaxy Tab was actually judged by the jury as innocent of Apple’s claim that it infringed on its intellectual property.
Samsung has filed for the lifting of the ban on the Galaxy Tab 10.1 and that Apple pay for damages. It said in a filing:
“On June 26, 2012, the Court preliminary enjoined Samsung from “making, using, offering to sell, or selling within the United States, or importing into the United States, Samsung’s Galaxy Tab 10.1 tablet computer, and any product that is no more than colorably different from this specified product and embodies any design contained in US Design Patent No. D504,889″. Samsung timely filed a notice of appeal that same day. A trial in this matter was held from July 30-August 24, 2012, resulting in a finding by the jury that the Galaxy Tab 10.1 did not infringe Apple’s D’889 patent. The Court has entered final judgment reflecting the jury’s verdict. Accordingly, Samsung requests that the Court dissolve the preliminary injunction and retain the $2.6 million bond posted by Apple pending a determination of damages suffered by Samsung as a result of the injunction.”
Samsung wants Apple to pay it the $2.6 million bond it posted to the court to get the ban implemented. Furthermore, Samsung will determine how much more (if any) it suffered as damages resulting from the ban.
How much do you think Apple should pay for this ban? Tell us in the comments below.
Images from samsungtomorrow on Flickr
[cb]Apple[/cb]
[cb]Samsung Electronics[/cb]