August 28, 2012
That Was Fast! Apple Wants 8 Samsung Products Banned
Michael Harper for redOrbit.com — Your Universe Online
With a big win on their side against their closest competitor, Apple is further seeking restitution from Samsung by requesting 8 products made by the Korean company to be banned.
Apple and Samsung have been engaged in a long, global battle over patents and trade dress, with the iPhone maker accusing the Galaxy maker of lifting their designs and their UI stylings. Samsung has flatly denied these charges, accusing Apple of attempting to patent shapes and evolutionary ideas.
Apple famously won their latest battle in the States, earning them a payout from Samsung to the tune of over $1 billion. Now, as the trial moves towards injunction hearings late next month, Apple has wasted no time in listing which Samsung products they feel have done the most damage to the Apple brand and would like to see banned from sale in the United States.
Out of a total 28 devices included in the case, the 8 Apple would like to publicly shame are:
• Galaxy S 4G
• Galaxy S2 AT&T
• Galaxy S2 Skyrocket
• Galaxy S2 T-Mobile
• Galaxy S2 Epic 4G
• Galaxy S Showcase
• Droid Charge
• Galaxy Prevail
During the US trial, the two companies argued about which phones may or may not have infringed upon which Design and Utility Patents and Trade Dress, or the overall look of the device. Of all 28 Samsung devices which were accused of infringing on these patents, the Galaxy S 4G was found to be the most egregious offender, violating 2 design patents, 3 utility patents, and 2 trade dress claims.
Apple still needs to convince Judge Lucy Koh that their business could suffer as a result of these Samsung phones remaining on the market before they can have them banned. These arguments will begin on September 20th, one day before the latest Apple smartphone is expected to be released.
For their part, Apple has said they are seeking a ban on these 8 devices "to address a portion of the immediate, ongoing irreparable harm that Apple is suffering."
As expected, Samsung has vowed to fight any ban with any means necessary to keep their products on the shelves.
In a statement on Tuesday, Samsung responded briefly by saying, "We will take all necessary measures to ensure the availability of our products in the US market.”
According to the Wall Street Journal, a Samsung spokesperson has also said the company´s immediate plans consist of filing to stop this injunction, appealing the injunction if Judge Koh grants it and working together with their carrier partners to remove some of the functions which were found to be in violation of Apple´s patents.
According to Sources Familiar With the Matter, Samsung has already been in talks with these carriers about removing or modifying any features which were found to be infringing on Apple´s patents in case the injunction goes through.
A noticeable absence from the list of 8 devices is the Samsung Galaxy Tab 10.1, which has already seen its day in injunction hearings. Though the court found this device to violate 3 utility patents, it did not violate any design patents. As such, Samsung filed to have the preliminary injunction against it dissolved. Apple will still pursue an injunction against the 4G variant of the tablet, however, saying it isn´t any different from the other infringing devices.