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June 27, 2012

Judge Stops Sales of Samsung Galaxy Tablet in U.S.

By Tanya Palta, TMCnet Contributing Writer

Apple and Samsung’s (News - Alert) contentious relationship is well publicized and things have really soared recently. Today, the relationship took a turn for the worse, as a judge recently backed Apple (News - Alert) Inc.'s appeal to halt Samsung Electronics selling its Galaxy Tab 10.1 tablet in the United States. The latest judgment is seen as a significant victory in the worldwide smartphone and tablet patent war, which has been raging for some time now.



Apple had claimed in their legal suit that the South Korean electronics giant copied the design of the popular iPad and this is clearly reflected in the Samsung Galaxy 10.1 tablet computer. According to U.S. District Judge, Lucy Koh, said, “Apple has established a strong case on the merits," also commenting that the two tablets are “virtually indistinguishable.”

Interestingly, Judge Lucy Koh had formerly rebuffed Apple's bid for an injunction on the tablet and multiple Galaxy smartphones. Nevertheless, a federal appeals court instructed Koh to reevaluate Apple's request on the tablet.

"Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products," Koh said, adding the order should become effective once Apple posts a $2.6 million bond to safeguard against damages experienced by Samsung if the injunction is found to be unfair at later point of the time.

Apple is not new to patent wars. In 2010, it sought to limit the growth of Google's (News - Alert) Android system. The latest judgment has surprised many industry insiders, who have also criticized Apple’s tendency to utilize patents too aggressively.

"The relief being given to Apple here is extraordinary. Preliminary injunctions are rarely asked for and rarely granted," said Colleen Chien, a professor at Santa Clara Law in Silicon Valley.

"That this was a design patent and copying was alleged distinguish this case from plain vanilla utility patent cases. Cases involving these kinds of patents are based more on a counterfeiting theory than a competition theory, so I don't expect this case to have ramifications for all smartphone disputes, but rather those involving design patents and the kind of product resemblance we had here."

However, Apple is not paying heed to the critics and in fact is obtaining a similar injunction banning Samsung from selling one of its smartphones in the United States.

Want to learn more about patents in the telecom industry? Then be sure to attend Synopsis Under IP/Patents Telecom Sourcing Conference (SUITS), collocated with ITEXPO West 2012 taking place Oct. 2-5, in Austin, TX. The SUITS Conference is launched to advance the legal knowledge of innovators of telecommunications including developers, implementers, licenses, licensors, end users, carriers and enterprise patents. Learn how to be aware and prepare to protect your most valuable assets, individual and company patents and intellectual property stored in the Patent Eco System or being held for security. For more information on registering for the SUITS Conference, click here.

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Edited by Brooke Neuman
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