Apple’s patent crusade against Samsung has finally resulted in the banning of Samsung’s Galaxy Tab 10.1 in the U.S. – a year after the slate was launched, and since replaced by a successor, the Tab 2 10.1.
US District Judge Lucy Koh granted Apple’s request for a preliminary injunction against the Galaxy Tab 10.1 on Tuesday, ahead of the scheduled Friday hearing on the injunction request.
Koh said that Apple has a strong case for the sales ban of the Galaxy Tab 10.1. — “While Samsung will certainly suffer lost sales from the issuance of an injunction, the hardship to Apple of having to directly compete with Samsung’s infringing products outweighs Samsung’s harm in light of the previous findings by the Court.”
We don’t know what’s changed between December 2011 and now. as that was when Koh herself denied the same injunction request from Apple against Samsung’s Galaxy Tab 10.1.
The D’889 patent
Responding to their temporary victory against Samsung, Apple spokeswoman Kristin Huguet told AllThingsD that Samsung’s products – hardware, user interface, and packaging – look similar to the company’s iPhone and iPad. “This kind of blatant copying is wrong and, as we’ve said many times before, we need to protect Apple’s intellectual property when companies steal our ideas.”
As expected, Samsung was not best pleased with the ruling and issued the following statement: “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.” Cupertino’s patent that Samsung allegedly infringed is the D’889 design patent, filed in 2004 and issued the following year, which basically shows a rectangular electronic device.
According to The Verge, Sammy has already appealed the ruling to the Federal court, so this isn’t the end of the long wrought battle. Though sales of the Galaxy Tab 10.1 haven’t exactly been significant in the US, going down without a fight is not an option for Samsung, as it might set a precedent to other patent battles that the company is currently embroiled in.
Apple’s plan to check mate the King – the Galaxy S3 – would come somewhat easier after first taking down the pawns, wouldn’t it?
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does this shit cover the Galaxy Tab 2 10.1?
No, does not.
good I’d hate to go off on some money grubbing fatcats that are too afraid of competition.
WTO needs to ban this type of patents (also Software patents) witch only slow down evolution
Patent a rectangular electronic device, or a way for the software to interpret text as a number, a url or a mail address (witch my Nokia 2110i did in 1996 (not url or e-mail – but that is just a natural evolution of the same technology)- long before Apple started working on phones) is just stupid – and a fine (~1% of net sales) should be issued for every company that try to drag this kind of madness to court.
Couldn’t agree with you more!!! . . . software and design patents need to die now.
It’s very clear when someone counterfeits a product, and there are laws against that. However, “innovating,” as the apple cult would have us believe, on top of other innovations/inventions is just fine — after all apple has “innovated” on top of Xerox’s GUI, the original inventor of the PMP for the iPod, smartphones and PDAs by RIM/Nokia/Palm/MS, ultra-portable notebooks from Sony, and the tablet from MS, Archos, and Nokia — the later two had some ultra portable WiFi devices that have similarity to this design.
Not to mention the Knight Rider tablet design is identical to this design patent and was designed in 1995 FFS!!!
Woohoo, another reason to see Apple as Digital Tyrants! What is it they say? Those who can’t sue others who do.
This design patent BS is even worse than software patents. . . .
Like that figure even looks like an iPad FFS!
If they are going to do design patents then they ought to be for the specific device, not some vague ass drawing.
Sorry, but only a complete moron would mistake a Samsung tablet for an iPad — apparently we have one sitting on the bench.
Really… if I ever believed judges were paid off…
Basically sounds to me like Samsung is doing a better job than Apple and Apple is having a hard time keeping up… so let’s slow Samsung down because it’s not fair for Apple to have any competition…. Ridiculous….
Whoever granted that patent was clearly an Apple fanboy. That design could cover most devices on the market…
This is BS because the last time there was an design patent infrigment was 1873 WTF
Maaaaaaaan that judge was either an “Ibitch” or she was paid by apple to say what she said I tell you how crooked the world is smh
I bet if someone else “infringed” the design patent and there not as competive as Samsung I bet they wouldn’t have the same faith. As I see it apple is trying to mess with samsung for the longest while trying to ban the galaxy s3 for what it doesn’t “infringe” nothing of apple as far as I can see.
If you think Judge Koh’s decision puts into her question her ability to be a judge…
How the FUCK is Apple so stupid? They cry that SAMSUNG uses similar hardware ?SAMSUNG produces hardware for APPLE so it’s F-ing normal. SAMSUNG was no 1 in sales in 2011. This “war” between them is just advertising to make both of them interesting, to make us buy their shit.
Sounds about right. . .as soon as somebody challenges apple, they decide to cry about it. Lost any respect I had for apple, obviously they can’t handle competition. They Judy start crying to mommy to take care of the bully. Apple has been ahead for quite awhile. Now we know how they handle pressure, not at all. So pathetic
ass hole, and how do you want a tablet to be designed..? like a circle, a triangle. Screens are rectanles by design. Apples is loosing terrain with great companies as Samsung, LG and many other..
How the hell can they patent that shape, TV’s have been that exact same shape for years and the Ipad looks like a smaller version of my TV so why dont the TV manufacturers just say Apple stole the shape from one of there TV sets. Some things should not be patentable! I loath Apple with every fibre of my being, they are ridiculous.