U.S. Galaxy S3 launch unhindered by Apple’s preliminary injunction attempts

June 13, 2012
21 4 24

The Galaxy S3 is going to be available in America from six carriers this summer including the Big Four – Verizon, AT&T, Sprint, T-Mobile – but also two regional carriers: U.S. Cellular and C-Spire. At least three of the four nationwide mobile operators planned to launch the phone in the following week, with June 21 being the earliest U.S. Galaxy S3 release date in the region. But an expected obstacle soon appeared: Apple.

The iPhone maker tried to obtain a preliminary injunction against Galaxy S3 sales in the region, arguing that the handset is in violation of some of its patents. The company attempted to include the Galaxy S3 in one of its existing lawsuits against Samsung (the one that includes the Galaxy Nexus), and then hoped to obtain a favorable court order that would prevent carriers from launching the Galaxy S3 sales on June 21.

But U.S. District Lucy Koh, who’s overseeing the U.S. conflict between Apple and Samsung, decided on Monday not to award the court order Apple was keen on obtaining, which means Galaxy S3 sales will go on according to schedule. Judge Koh motivated her decision saying that her calendar would be overloaded by Apple’s latest addition to its U.S. cases against Samsung. Reuters reports:

Koh last week said Apple could ask for a temporary restraining order against the Galaxy S III phone, but that would likely delay the trial over a Galaxy tablet and other smartphones. In her order on Monday, the judge said Apple would have to request a new hearing date if it wanted to stop sales of the Galaxy S III phone. That likely would not take place before the phone’s scheduled launch. Apple has not said what its next move will be.

This is the second ruling in a matter of days against Apple in an Android case, after a judge decided to throw out a lawsuit against Motorola a few days ago, after the judge found that “neither side could prove damages”. While Samsung has been practically cleared to launch the Galaxy S3 in the country, that doesn’t clear Apple’s patent infringement allegations, and we could see the handset be included in future Apple cases against Samsung.

The two companies are already embroiled in a complex patent-based legal dispute that spans across four continents, with the two giants suing and counter-suing each other in 10 different countries amounting to well over 30 different cases. Since Apple and Samsung have recently failed to settle their differences out of court, we’re still waiting to see the final rulings in all these lawsuits.

Comments

  • Bence

    Shame on Apple!

  • http://twitter.com/inMikeWeTrust_ justbelikemike

    Not only is apple trying to keep galaxy s iii out of American customers hands its trying to stop carriers from making money. Carriers don’t make money off the iPhone apple keeps almost all the prophet! Fuck apple for trying to monopolize the smartphone industry with your 3.5 inch 4×4 screen piece of crap

    • Cole Raney

      4×4 screen? What are you talking about. And it’s profit, not prophet.

      This is apple, them trying to get rid of the competition is nothing new. They are like Microsoft. We can enjoy the fact that they will most likely never succeed.

      • Andrew

        He means 4 pixels by 4 pixels. But you’re right, all phone companies will try to make more money from their products, Apple is just more avid about getting that money. Releasing phones strategically and adding in marketable additions to the phone.

  • SamsaraGuru

    Oh they must gnashing their teeth in the dark castle in Cupertino today.

    Not only did Apple HELP Samsung by give more publicity to the Galaxy S III by trying to stop the juggernaut it has become from coming to a store near you, but further tarnished their image by continuing to play the role of the spoiled brats of the mobile phone world.

    Now, the Galaxy S3 will have two/three/four months to get not just a toe hold here but enough time and resources to launch a major invasion – with the help of six carriers, who, if the truth be told – what you wanna bet – if they can? soon? hopefully? probably love to be free, free at last, of the onerous strictures and structures imposed upon them by Apple. At the very least they would be able to force Apple to lower its exorbitant pricing it is charging all carriers for the iPhone. (Undoubtedly another worry Apple has to have already thought of with the Galaxy III S’s popularity worldwide and Apple’s slow to market with new product time frame.)

    No wonder they are fighting tooth and nail to keep out the best Android, possibly the best smartphone ever. No one has ever accused Apple of being stupid – other things perhaps, but never stupid when it comes to money and threats to their market!)

    The Galaxy S III with its 4G capability is going to have months of selling as well as word of mouth from satisfied customers talking it up before Apple has even a single iPhone 5 in place to replace its aging “I can only do 3G” unit.

    It’s not nice to not be nice there are Karmic consequences!

    Let us hope for more such good news befalls Apple’s efforts.

    • AppleFUD

      The Galaxy S IV will most likely be hitting the streets by the time this case gets to court lol.

      And I don’t doubt your analysis of the carriers wanting to limit their dependence on the iphone — I’ve always been amazed that they agreed to pay so much for it in the first place, Jobs was very good at selling.

      • SamsaraGuru

        Jobs was an amazing salesman, designer and business manager all packed into one person. He was a genius. Unfortunately, he left behind a company that feels as entitled as a spoiled rich kid who has never had to work a day in its life and who has no regard for other children – nor inclination whatsoever to play fairly.

        But, he is no longer there, and therein lies the rub and most likely the end of Apple’s imperious reign. Most companies – no matter how big and supposedly prestigious or “innovative” that have been lead by and created by a charismatic leader start to fall apart after 24 to 48 months – once the man who was truly in the know and knew where he wanted it to go is gone.

        I believe this is in no small measure the motivation behind their seemingly ceaseless litigation efforts of Apple right now; they know innately (even if they can truly recognize and intellectualize it yet) that the company’s glory days are over.

        Now the company is being lead not by a genius but by managers – big difference.

        Their current behavior alone would make me avoid all of their products like the plague – even if I didn’t know what I know about Android; didn’t know about their closed system and the restrictions it places upon all who make the mistake of venturing in.

        Hopefully, Samsung will get really, really serious and do unto them as they have been doing unto Samsung.

        Best of all would be if Samsung stopped making the 50 percent or so of the iPhone’s parts that they make and told Apple to go fly a kite.

        Now wouldn’t THAT be interesting!

        • Bon

          God Samsara I must say you english is superb. Ive told many people dont buy iphones as they are complete trash. A clogged artery is more open than apple. As i have predicted samsungs new smart stay is a foreshadowing of future tech. Imagine using the front fact camera to detect an eye type customizable morse code to operate the phone in some manner. Genius. I love koreans. They pressure americans so hard to step up their game yet apple cowardly puts its tail between its cankering legs. Im happy samsung has apple by its nutsack where it belongs.

          • SamsaraGuru

            Thank you for the compliment Bon. I love to write. I also love Koreans and am fortunate to have one as a best friend.

            No people in the world are harder workers; more loyal and make better friends. If the two Koreans could be united they would make both China and Japan seem as if inhabited by sluggish indolents that were lazier than lazy.

          • Jalpeonic

            Point of notice; Samsung doesn’t tailor and make the chips in the iPhone. They merely manufacture the design and blueprints Apple lays out for their chips. So I would imagine they wouldn’t want to lose that piece of profit if Apple just switched their manufacturer.

            I’m a Samsung fan before I touch Apple; but you’re trying too hard to humanize multi conglomerate company that makes.billions of dollars. Race is not relevant in this discussion either; so one must ponder why it’s being invoked.

            All companies want you in one way; as a consumer; they aren’t concerned about you in any other way. With that being said, this is indeed a joyous moment for competition and innovation though.

          • SamsaraGuru

            Jalpeonic.

            I wasn’t referring to chips but rather thinking of the screens Samsung makes for the iPhone among other asundry parts I’ve read it makes.

            As far as “trying too hard to humanize…”

            Well, Apple can’t have it both ways. On the one hand run it ads deriding PC owners as dorks and Apple owners as the true, enlightened, avant-garde citizens of the global community and then get a pass to go all cold blooded corporate entity on the other – without opening themselves deservedly to derision.

            Fact is, when governments and corporations loose their humanity that is when they start to act in ways and have damaging effects inconsistent with the general well being of humanity as a whole. The point is not that I am “humanizing” them too much, but mayhap that you are are too willing to accept such actions as simply business as usual to be overlooked as though saying “boys will be boys”.

            Finally, my reference to Koreans and your suggestion I am bring race into the discussion. My comment was predicated on Bon’s; it was an exercise in both humor (which you missed I fear) and the absurd.

            To say that the Japanese and the Chinese are indolent and/or lazy is absurd – I was using the reference as a juxtapositioning construct to … well, it would take too much energy to explain.

    • Cole Raney

      There is one thing I would like to point out. I doubt the next iPhone will only have 3G. The new iPad has lte, so it’s likely the next iPhone will to. I don’t think lte is a feature that will make or break a phone’s success yet. There are so many areas that don’t have lte yet.

  • Chris2

    Because of the way Apple is acting, suing Samsung over galaxy s3, not providing IOS 6 on original iPad and other unexplain things. I’m going to buy S3 and a pc instead of waiting for the new iPhone and Mac who in like 3 years will be out of date, and the new software will not be offered for that machine as well. Shame on you Apple, in addition if apple is not concerned with samsung why they make jokes out of their phones and sue them. I have been using every single iPhone for a day one and jailbraking every single one and a lot has changed its not a number 1 anymore and will Never be with all the limits implied by apple.

  • djro

    Samboys (Samsung fanboy) seem to be just as loyal as apple fan boys and emotional equally as evidenced from the remarks.
    Apple and Steve jobs need to thank bill gates for helping them out when apple was almost dead. People seem to forget this. Steve jobs was unemployed and failed the first time he was at apple. His personality seems to reflect the company.Asshole

    • http://pulse.yahoo.com/_ZKBOFTBA42Q25ELQ2BGEDGWYEI Noname

      ba,,,ba…baaaa….says iSheeple! LOL!

    • Bon

      I dont believe that im a samsung fanboy. Samsung just produces the most suprising results in a phone and thats where my money goes. Apple produces minor changes and charges 120 octane prices for 91 octane performance. Sorry im not a sucker. If another company produces something better than samsung for less money and more performance thats where im headed.

    • http://twitter.com/broganmc Brogan Mc

      Does this make you a Microsoft fanboy?

  • http://www.facebook.com/michael.philip.946 Michael Philip

    haHa..meet the new boss….

  • Johnvender

    I’m not a big fan of Samsung but this is apples fault if they didn’t take their sweet ass time with their “iphone 5” launch they wouldn’t be in this mess. Apple needs to step it up and get ahead of everyone else

    • http://twitter.com/broganmc Brogan Mc

      Apple blew it when they released the 4S without any LTE support and the same lame 3.5″ screen. It made their phone outdated on release. They are far too slow to innovate these days. Instead they sit on their laurels and rely on brand loyalty.

  • Sana Khan

    IPhone 5 Release Date announcements. Find out the Apple Iphone 5 release date UK, Canada, Australia and US here: When is the iphone 5 coming out? Iphone 5 rumors and facts.

  • http://www.facebook.com/dansanchez77 Daniel Sanchez

    All I can sayis I got the Galaxy S3 and it’s amazing soooo much better than the iphony which I’ve had for about 5 years now. Also I got $250 for my iphone fron best buy which was awesome cause the lock screen button didn’t work and the thing kept freezing, now I don’t have to worry about selling it.
    Also I wanted to renew my unlimited contract. I have a feeling ATT is going to not let the grandfathered unlimited contracts remain once the iphone 5 comes out.