US Galaxy Tab 10.1 ban possibly coming
The patent shenanigans between Apple and Samsung continue to roll on concerning the Samsung Galaxy Tab 10.1 Android tablet with Apple still looking to get the Galaxy Tab 10.1 banned in the United States, as it appears that Apple has won a US Court of Appeals for the Federal Circuit ruling that finds the Apple iPad design patent infringement is in fact valid.
According to the guys over at Phone Arena by way of FOSS Patents, the overturning of the California court ruling that stopped Apple from going after an injunction against the selling of the Samsung Galaxy Tab 10.1 slate in the good old US of A allows Apple to files a motion late on Friday seeking an injunction on the Android tablet, which means the Galaxy Tab 10.1 could possibly be pulled from sale in the US.
Apparently Circuit Judge Kathleen O’Malley has said that the Circuit Court of Appeals for the Federal Circuit should have overturned the decision so that Apple could get ‘immediate injunctive relief in the light of the irreparable harm it is suffering.’
I’m sure most know that Apple’s first request for a ban on the Samsung Galaxy Tab 10.1 tablet in the US was denied by Judge Lucy Koh, and now Apple is asking the injunction be approved without another hearing, as the judge has already hear the arguments back in October.
Word is both Apple CEO Tim Cook and Samsung CEO Gee-Sung Choi are expected to finally get round the table and talk over a settlement on the matter on the 21st and 22nd of this month, and Apple has given Sammy until the 25th to respond to the ban motion.
To be honest, I thought all the commotion over this was done and dusted, but obviously not, although personally I can’t see what ‘harm’ Apple has experienced, as obviously Samsung’s tablet hasn’t seemed to have had any affect on the popularity of the Apple iPad when it comes to sales.
Comments
2 thoughts on “US Galaxy Tab 10.1 ban possibly coming”
I agree this is protectionist marketing at its worse.
I do not believe ANYONE would argue product confusion when looking at a Samsung Tablet and an iPad tables, even if the first glance a rectangular tablet looks like a rectangular tablet.
Apple argues in all of its’ advertisements that they have the secret sauce inside that no on else has…so if Samsung doesn’t have the Apple secret sauce inside where is the damage to apple?
Anyone who buys an iPad wants an iPad because of either 1)hype and friend referrals, 2)advertisments and marketing or 3)they prefer the experience.
Anyone who buys a Samsung does it because 1) percieved price to value, 2) they like the experience or 3) they don’t want to buy an apple product.
If the Samsung Tablet had copied apples look, AND f Samsung had copied the functionality and experience…i.e. the operating system ios (not android) AND if Samsung then gave their tablet access to the Apple ecosystem of apps, itunes ect then I agree ban that product as infringing.
Since two seconds looking at the apple and samsung tablets after they are turned on shows entirely different products then this ban is protectionist marketing and shouldn’t be allowed. Shame on the judge that approves this.
Well said, any idiot would know when the screen came on!