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!