Galaxy Tab: Samsung Tries Again, Promptly Told “No”
Michael Harper for redOrbit.com – Your Universe Online
When Judge Lucy Koh handed down her ruling last week to Samsung, temporarily — and maybe longer — halting the sales of their Galaxy Tabs and, later, their Galaxy Nexus phones, Samsung said they would appeal to reverse the order. Working quickly, Judge Koh denied them this appeal, saying the ban on Galaxy Tabs still stands, according to a late report from Reuters Monday evening.
Now, Samsung must get ready for their final showdown with Apple in this battle, one which Judge Koh has already said she expects Apple to win.
Koh ruled last Tuesday that Samsung’s Galaxy Tab 10.1 tablet infringed upon Apple’s devices, particularly the design of Apple’s iPad, placing a temporary injunction on the devices until the case is settled. Then, in a late Friday afternoon decision, Koh also handed down a temporary injunction against Samsung’s Galaxy Nexus smartphone, the famous Google phone which was meant to offer users a 100%, unfiltered Android experience. Earlier in the week, Google had announced a new update to Android for the smartphone and even handed it out for free to developers at the Google I/O developers conference.
Apple and Samsung continue their legal battle in over ten countries. Late last year, the two technology titans clashed in a German court, leading to a similar ban on Samsung’s Galaxy 10.1 tabs.
“Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products,” Koh wrote in her ruling on Tuesday.
While these losses may leave a bruise for Samsung, it’s not expected to hurt their bottom line in a significant way. Both the Galaxy Nexus and the Galaxy Tab have been on the market a while and have since been updated. The two losses could, however, offer a bit of foreshadowing as the two companies head to their final American showoff at the end of the month.
“Samsung is disappointed with the court’s decision that denied our motion to stay. We believe today’s ruling will ultimately reduce the availability of superior technological features to consumers in the United States,” Samsung said in a statement to Reuters.
Though Samsung may lose their case in Judge Koh’s District Court, they have already appealed to a federal court in Washington, D.C. to reverse the decision. This federal court has exclusive jurisdiction over intellectual property disputes such as these.
Apple once again reiterated their previous statements about the case as a spokeswoman told Reuters, “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.”
Now, Apple is going for Samsung’s latest iPhone competitor, the Samsung Galaxy Nexus S III, a popular hit in the UK as well as the US. Apple has already sought a preliminary injunction against this phone, which has only recently landed on American shores.
Should Judge Koh side in Samsung’s favor they won’t have lost any money from these temporary injunctions, as Apple will pay a bond on these banned Tabs and Nexus phones to prevent Samsung from any substantial loss during the proceedings.