As soon as the jury’s findings in the U.S. Apple vs Samsung case were made public a few days, and the huge Apple victory became obvious, we wondered what are the potential Android devices made by the South Korean giant and found to be infringing on at least one Apple patent that Apple will try to ban in the region.
At the time we knew Judge Lucy Koh has scheduled a hearing on the matter for September 20, and it looks like Apple’s counsel is moving quite fast, as we already have a list of proposed smartphones that Apple will seek to ban in the country, more than three weeks ahead of that deadline.
The lists includes eight of the 28 devices found to be infringing on at least one Apple patent, as follows:
- Galaxy S 4G
- Galaxy S2 (AT&T)
- Galaxy S2 (Skyrocket)
- Galaxy S2 (T-Mobile)
- Galaxy S2 Epic 4G
- Galaxy S Showcase
- Droid Charge
- Galaxy Prevail
The Verge notes that Apple “will still have to prove irreparable harm based on these eight smartphones,” and that albeit its easier to make its case after the recent favorable jury verdict – provided the verdict still stands – an injunction “is by no means a forgone conclusion.”
The table above is extracted from the official Apple filing that details its injunction request. Curiously though, the Galaxy Tab 10.1 Wi-Fi and LTE models are not found in that filing, and we already know the final verdict form contains at least one question mark regarding the device – for example the Wi-Fi version has been found to infringe on certain software patents, but the LTE version, which is identical to the Wi-Fi model but for the 4G connectivity, was not included in those sections of the verdict form that dealt with those software patents.
Bloomberg notes that Apple said that it will continue to seek an injunction against the tablet in response to Samsung’s request that the Galaxy Tab 10.1 existing ban in the U.S. to be lifted in light of the jury’s findings.
The sales ban against the Galaxy Tab 10.1 was awarded to Apple after the judge found the Galaxy Tab 10.1 to infringe on an Apple design patent, although the jury did not confirm the June 26 ruling.
Here’s what Apple said in its objection to Samsung’s request:
“While the cellular version of the Galaxy Tab 10.1 was not included in the verdict form, it is not colorably different from the products that the jury found to be infringing as to some Apple utility patents, and thus should be covered by an injunction against sales of products that infringe those patents.”
We’ll find out more details about these injunction wars in the following days, as both parties will continue to fight this specific war in the USA.