|Image via: TechLease.com|
Sweet and sour news today from the emmerging world of tablets. Sweet if your Apple that is, but bitterly sour if you happen to be Samsung. That's because U.S. District Court Judge Lucy Koh has granted Apple a preliminary injunction against the Galaxy 10.1, effectively banning the Korean tablet from the U.S. market.
In record breaking time, however, a mere five hours after receiving the ban, Samsung quickly filed for an appeal after the judge ruled:
"Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products,"
As German patent expert, Florian Mueller, wrote, this is important because:
"The decision strengthens Apple's "copycat" allegations against Samsung. The ruling notes that Judge Koh's court "previously found the Galaxy Tab 10.1 to be substantially similar 'in the eyes of the ordinary observer' to the D'889" and that "the Galaxy Tab 10.1 is 'virtually indistinguishable' from Apple's iPad and iPad 2". In fact, Samsung's counsel couldn't distinguish those products when Judge Koh showed them in the courtroom at a limited distance.
If Apple also prevails on this infringement issue at the upcoming trial (which is scheduled to begin on July 30), Samsung may be liable for a substantial amount of damages. Design patent infringement can be very costly."
As AppleInsider also noted, the importance of this ruling by writing:
"Tuesday's injunction represents a significant win for Apple at home. The iPad maker had previously successfully argued for temporary injunctions in Australia and Germany. Samsung dodged the German injunction by releasing a slightly-redesigned Galaxy Tab 10.1N. Meanwhile, the Australian ban was overturned last November."
And that's my 2 cents 4 this icky Wednesday, June 27, 2012