Samsung gets another hit – Galaxy Tab 10.1 injunction remains in place

July 23, 2012
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    While some laughed at Apple’s patent attacks against Samsung, which seemed like losing battles from the get-go, the joke is starting to be on Sammy. After some relatively insignificant wins in Europe and Australia some time ago, Tim Cook’s giant knocked it off the park in the past month or so, with a couple of US injunctions against two popular Samsung devices.

    The Galaxy Nexus sales ban might have been lifted for the time being, but Sammy still has some splitting headaches with the Galaxy Tab 10.1 tablet. The 10-incher has been banned for sale in the US last month, and, after the denial of Samsung’s first appeal on the decision, the Koreans have been hit hard again by the U.S. Court of Appeals for the Federal Circuit.

    The Federal Circuit denied Samsung’s motion to stay Judge Koh’s preliminary injunction for the duration of the appellate proceedings and also refused to grant a motion to expedite the appeal. That means Sammy is now officially out of tricks up its sleeve. The Koreans will have to confront Apple in court starting on July 30 regarding a design patent allegedly infringed by the Korean mammoth.

    Furthermore, Samsung’s chances for a win in court are not too good, considering that the temporary lifting of the Tab 10.1 sales ban has been denied exactly because the “movant hasn’t established a strong likelihood of success on the merits or demonstrated that it has a substantial case on the merits and that the harm factors militate in its favor.” In other words, the Federal Circuit thought Sammy’s chances for a victory in court were slim, as they didn’t provide enough evidence to contradict Apple’s accusations.

    For the time being, Samsung doesn’t have much to lose due to the preliminary injunction against the Tab 10.1, as the 10-incher is not very popular in the US. Then again, in a few short weeks the ban might be made definitive, which would allow Apple to ask for consistent financial compensation, but also to go against other more popular Samsung devices (including the Galaxy S3).

    The future looks pretty bleak for Samsung in this exhausting patent war with Apple, but things might still change in Sammy’s favor. Stay tuned on our website to find out if that’ll happen!

    Comments

    • Gincredible D

      Wow, they (Apple) really do appear desperate, don’t they?

    • http://www.facebook.com/profile.php?id=743818678 Marvin Nakajima

      I don’t think the images of the two tablets are perspectively correct.. The Galaxy Tab is 256.7 x 175.3mm, the iPad is 242.8 x 189.7mm. Which makes the Tab about 1.5cm taller. And if you look closer if the camera is positioned at the top of a device the Tab is shown in the wrong orientation, If you saw people using both devices to video chat there is practically no way to mistake the 2 even from quite a bit of distance.

    • TommyNYC

      Fuck
      You
      Apple.

      That is all.

    • 21221

      if i was apple i would be scare too as the walls are caving in on them. this won’t heart Samsung a bit as they trashed the 10.1 project tab long time ago, it is there just to keep apple busy…they will release a new tab soon so…now days by the time you try to sue someone, and waiting for the court date, etc…the new model is already out LOL

    • gandorph

      Wow. Since they are different aspect ratios, run apps sourced from different locations and programming languages, controls are different, and they run on different different operating systems, I can really see where the infringement is. Will GM be suing Ford next? Or perhaps Panasonic will suing Sharp because both their screens are flat, LCD, the same resolution, and ***GASP*** they EVEN TUNE IN THE SAME CHANNELS!!!

      This is really pathetic and the nature of greed and fear absolutely personified.

    • Phil

      The only person I know who bought a Tab brought it back. He though he had bought an iPad. One person is certainly not representative but mistaking one for the other is possible. This wouldn’t happen with an Aconia or a Transformer.
      Apple seems to have a case and the court seems to agree,

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