by Elmer Montejo, 1 year ago
United States District Court Judge Lucy H. Koh this week denied Samsung’s request to preview Apple’s upcoming iPhone and iPad in relation to the intellectual property suit lodged by Apple against Samsung. Koh found no…
Earlier today we told you that Apple has obtained a huge victory in its U.S. case against Samsung, with the latter being delivered a devastating defeat – not because of the $1 billion in damages awarded to Apple, which can be considered pocket change by Samsung compared to its profits from the mobile business, but because what the victory means for Apple, the whole mobile ecosystem, and, most importantly, consumers.
Sure, Samsung may fight the verdict in further appeals, but Apple will also do some appealing of its own, and try to obtain various injunctions in the U.S. against the Samsung products found to be infringing at least one of Apple’s patents. After all, Apple said all along that it’s seeking sales ban verdicts against Samsung rather than compensatory damages.
We already have a September 20 date set by Judge Lucy Koh, the same judge that has been presiding over the trial, for injunction hearings. While we wait, let’s take a look at Samsung’s devices found infringing on at least one Apple patent in this first U.S. trial between the two companies, that are now in danger to be barred from selling in the region.
For the purpose of this inquiry, we looked at the official verdict from the trial, and checked what U.S. carriers are still selling any of the devices found to be infringing – see the tables below for each device. While not all products infringe on all Apple patents in this trial, it’s enough for Apple to prove one infringement to request a sales ban – and Apple completed that first part, the proving, and now can get back to the injunction pursuit.
It’s also worth noting that while some carriers do not list older Samsung devices, these handsets can be still found at third-party retailers for more than affordable prices. But we mainly look at carriers, as they’ll also share the pain when and if product sales ban will be awarded to Apple.
Verizon still lists the Droid Charge and the Galaxy Tab 10.1 LTE (see the tablets section below), while the Continuum and Fascinate have been discontinued. According to our chart based on the official court verdict, the Galaxy Tab 10.1 LTE does not infringe any patent – but is that really so? We’ll explain in our tablet section.
Of the four Samsung handsets sold by AT&T in the past, only the Galaxy S II Skyrocket is found on the carrier’s website, although, admittedly, the carrier is still selling a Continuum Glide, a device that could also be found to be infringing in later rulings.
Sprint has five phones that could be affected by a sales ban in the country. Sure, in the table above we say that two of them are not selling anymore, but that’s not really so. Instead of the Transform, Sprint sells a Transform Ultra, while the Epic 4G Touch is not found on the carrier’s website, but the Galaxy S2 is there – in case you forgot the Epic 4G Touch is Sprint’s Galaxy S2 name. Also worth mentioning is that Sprint still lists the two-year old Galaxy S aka Epic 4G on its site.
But for the Galaxy S (Vibrant), T-Mobile has three handsets still on sale, the Exhibit 4G, the Galaxy S 4G and the Galaxy S2.
Now that we’re done with the Big Four, we can look at what regional carriers have in store, and various low-end to mid-ranged devices can still be purchased from their sites, including the Galaxy Prevail, the Galaxy S Showcase, the Gem and the Intercept (we’ll have special notes on the Galaxy S Showcase and the Intercept in a section below).
As for unlocked smartphones – the international GSM versions of the Galaxy S, the Galaxy S2 and the Galaxy Ace – they can certainly be found with other electronics retailers, in case you’re interested in any of them.
Last, but not least, we have looked at the Galaxy Tab tablets mentioned in the verdict form, the Galaxy Tab, the Galaxy Tab 10.1 Wi-Fi and the Galaxy Tab 10.1 LTE, and it looks like they’re all infringing on patents, therefore they are targets for injunctions.
Apple has already obtained an injunction on the Galaxy Tab 10.1 in the country and it’s likely to hang on to it in view of yesterday’s verdict.
But what about that Galaxy Tab 10.1 LTE apparently not infringing on Apple patents despite being similar to its Wi-Fi brother (except for its 4G cellular connectivity)? Well, it looks like the verdict form does not list the Galaxy Tab 10.1 LTE in the sections dealing with software infringement, but only lists it in the iPad design section – the only section of the form favorable to Samsung.
That’s an oversight from Apple’s lawyers or the judge’s staff, but since the Wi-Fi version of the tablet has been found to infringe on software patents ‘381, ‘915 and ‘163, the same thing can be said about the LTE version.
We have already covered the strangeness of the Galaxy Tab 10.1 LTE omission from certain sections of the verdict but we have other weird things in the verdict form.
The Galaxy S Showcase is listed as the Galaxy S II Showcase at least twice, not that anyone made any comments on the matter yet.
The Samsung Indulge is curiously not infringing on any Apple patents, at least according to the jury, even though the handset is listed in various questions in the form.
We’ll be back with more news on any sales bans that Apple may score in the near future, as Judge Lucy Koh has already set a September 20 hearing on the matter.