• Apple Files for Another Galaxy Tab Injunction after Winning Appeal

    by
    Akshay Masand
    Published on 2012-05-20 09:03 AM
    17 Comments Comments


    After a recently won appeal from the federal court, Apple filed a motion for injunction against Samsung’s Galaxy Tab 10.1 which could see the tablet pulled from U.S. shelves as soon as early as June. The motion which was filed late Friday was based on a U.S. Court of Appeals for the Federal Circuit ruling that found Apple’s iPad-related design patent was likely valid. It overturned previous findings from a California court which originally barred the Cupertino-based company from seeking a preliminary injunction against the Samsung tablet.

    According to Florian Mueller of FOSS Patents, Apple’s second injunction attempt is likely to succeed given that at least one circuit court judge feels such a relief is justified and went as far as to issue a dissenting opinion – stating that merely vacating the California ruling was not enough. Mueller wrote that "Circuit Judge Kathleen O'Malley argued that the CAFC should have reversed the decision in order to provided Apple with immediate injunctive relief in light of the irreparable harm it is suffering. But the majority of the judges saw 'no reason to believe that there will necessarily be delay, or if there is delay that it will be unjustifiable.'"

    The Cupertino California company is asking Judge Lucy Koh, who denied the first injunction as well as two others regarding smartphone patents, to rule on the matter without a hearing. The request is seen as being a reasonable one as the court already heard arguments over the issue in October. Judge Koh is unlikely to grant the motion for preliminary injunction during the settlement talks scheduled for May 21 to 22, thus Apple has given Samsung until May 25 to respond. It’s unlikely Samsung will ask for a hearing on the Galaxy Tab injunction if and when the talks fail, and Judge Koh may schedule it on the same June 7 date as a separate injunction case involving the Galaxy Nexus smartphone.

    Although an injunction may not be a devastating blow to the Korean electronics giant, it would signify a publicity win for Apple and force Samsung to redesign the tablet as it did in Germany with the Galaxy Tab 10.1N. Ultimately, the disputes between the two tech giants continue and there is still no end in sight.

    Source: FOSS Patents
    This article was originally published in forum thread: Apple Files for Another Galaxy Tab Injunction after Winning Appeal started by Akshay Masand View original post
    1. Categories:
    2. iOS,
    3. Apple,
    4. iPad
    Comments 17 Comments
    1. rocky5's Avatar
      rocky5 - 2012-05-20, 12:45 PM
      I hate all this crap :@ everything looks similar today, tv's look the same, cars look the same, computers look the same, house hold goods look the same & a **** load more things look the same or similar.

      I just seems to be apple that sues everyone for something looking remotely like its product, in my opinion they only do this because there products are inferior to said infringing products.

      I for one would pick the best product not based on looks, if Apple are that scared that people will by a Samsung instead of an iPad then stop letting other retailers sell them, then there is 100% no chance of picking up a Glalaxy tab in an Apple store.
    1. Silverado1987's Avatar
      Silverado1987 - 2012-05-20, 02:21 PM
      Yeah I don't know what there worried about. Let Samsung sell there tabs.
    1. brodimus's Avatar
      brodimus - 2012-05-20, 02:32 PM
      I think these lawsuits are dumb but I don't think Apple has an inferiority complex. People already go places online and off where they sell both iPads and Tabs and they buy the iPads.
    1. 1shuttle1's Avatar
      1shuttle1 - 2012-05-20, 03:51 PM
      Quote Originally Posted by rocky5 View Post
      I hate all this crap :@ everything looks similar today, tv's look the same, cars look the same, computers look the same, house hold goods look the same & a **** load more things look the same or similar.

      I just seems to be apple that sues everyone for something looking remotely like its product, in my opinion they only do this because there products are inferior to said infringing products.

      I for one would pick the best product not based on looks, if Apple are that scared that people will by a Samsung instead of an iPad then stop letting other retailers sell them, then there is 100% no chance of picking up a Glalaxy tab in an Apple store.

      I have to say the part about not selling Apple iPads anywhere but apple stores and apple.com would solve the problem. Haven't seen any Galaxy Tab's in the Apple store lately. So i guess if Apple wants world domination they will have to accept the fact that things can actually look alike.

      From a company that does a hell of a good job making things that other people have invented great. It just seems bizarre that once they got to be a giant company they want to sue the pants off everyone else for copying them. And it's not really copying, what the hell else is a tablet suppose to look like. What's next McDonalds sues Wendy's for using two buns to surround a burger. No that won't happen because common sense says it's what is between the buns that sells the burger. Maybe Apple should learn from this and realize it's what's between the glass and backplate that sell's the tablet.
    1. iBanks's Avatar
      iBanks - 2012-05-20, 03:54 PM
      Because many things look the same still doesn't make it right. Apple seems to be the only one to do something about a knockoff product trying to be there's. But majority of the items you spoke of have some distinctive difference between one another. But I do agree, functionality over looks is a great choice, but not for everyone. Though this doesnt relate, I would choose an otterbox over an Lifeproof case because of the looks over the functionality. I too would battle out an duplicate of what I created. Just ask the people in the clothing business.

      Quote Originally Posted by 1shuttle1 View Post
      I have to say the part about not selling Apple iPads anywhere but apple stores and apple.com would solve the problem. Haven't seen any Galaxy Tab's in the Apple store lately. So i guess if Apple wants world domination they will have to accept the fact that things can actually look alike.

      From a company that does a hell of a good job making things that other people have invented great. It just seems bizarre that once they got to be a giant company they want to sue the pants off everyone else for copying them. And it's not really copying, what the hell else is a tablet suppose to look like. What's next McDonalds sues Wendy's for using two buns to surround a burger. No that won't happen because common sense says it's what is between the buns that sells the burger. Maybe Apple should learn from this and realize it's what's between the glass and backplate that sell's the tablet.
      Just as majority of your desktop PC's and Laptops have an distinctive look, the tablets can do so as well. Now that I think about it, there are many tablets in play that has this different look as to why they aren't involved into any lawsuits. So it's very well possible. And yeah..... Your popular burger chains also use different buns on their burgers as well. Hardee's doesnt use the same as McDonalds and Wendy's doesn't use the same of either of the two. Hell... Krystal's and White Castle has its differences, hhhhhmmmm...
    1. Eaglespro's Avatar
      Eaglespro - 2012-05-20, 05:16 PM
      I guess the other companies should put out a round tablet so apple can feel better about itself. The jailbreak people need to copywrite there programs so apple can't steal them anymore and take credit
    1. scroogelives's Avatar
      scroogelives - 2012-05-20, 06:04 PM
      You can't use cars to compare in this case as the reason many cars look the same as the car makers have made deals to keep costs down so building cars that are very alike they can use the same parts! This is even more so in the euro zone where they are all openly in bed together! And apple has every right to keep its designs safe but it is time they ended the constant court cases!
    1. redstar299's Avatar
      redstar299 - 2012-05-20, 06:05 PM
      If some other company stole my invention id be pissed too. It's almost as if people want Apple to fail just cause they are successful. Without Apple there wouldn't be a Samsung Galaxy Tablet in the first place. If they truly are ripping them off they should not be allowed to sell it.
    1. Carvensno's Avatar
      Carvensno - 2012-05-20, 06:33 PM
      Does anybody remember how MS screwed over Apple with windows? And yes I know that apple didn't invent the GUI and they got it from xerox. But my point is? They learned there lesson that cost them millions of dollars. I would be doing everything in my power to protect my product also.
    1. shizs14's Avatar
      shizs14 - 2012-05-20, 06:49 PM
      I am so sick and tired of hearing all of these stupid lawsuits. Its getting old.
    1. mustard05's Avatar
      mustard05 - 2012-05-20, 07:17 PM
      Quote Originally Posted by shizs14 View Post
      I am so sick and tired of hearing all of these stupid lawsuits. Its getting old.
      What else would we have to read about on MMi if weren't any lawsuits?
    1. teej1410's Avatar
      teej1410 - 2012-05-20, 09:21 PM
      Quote Originally Posted by rocky5 View Post
      I hate all this crap :@ everything looks similar today, tv's look the same, cars look the same, computers look the same, house hold goods look the same & a **** load more things look the same or similar.

      I just seems to be apple that sues everyone for something looking remotely like its product, in my opinion they only do this because there products are inferior to said infringing products.

      I for one would pick the best product not based on looks, if Apple are that scared that people will by a Samsung instead of an iPad then stop letting other retailers sell them, then there is 100% no chance of picking up a Glalaxy tab in an Apple store.
      Well apparently the best looking stuff are the things that do look the same
    1. shizs14's Avatar
      shizs14 - 2012-05-20, 09:28 PM
      Quote Originally Posted by mustard05 View Post
      What else would we have to read about on MMi if weren't any lawsuits?
      Lol!!! That true 😄
    1. steve-z17's Avatar
      steve-z17 - 2012-05-20, 11:08 PM
      The lawsuits are pretty crazy these days, but Apple has a right to fight for their innovations/patents. As mentioned above, there are plenty of tablets out there that don't look like the iPad, and Apple hasn't sued them. Samsung had the chance to innovate but instead made their tablet look like the iPad so they could sell more. I think it would have been better had Samsung done something different, made something sleeker than the iPad. It's the same thing with the Ultrabooks coming out, they had a chance to make them better, but they chose to make them look just like the MBA. So if companies keep doing that I think Apple has every right to sue.
    1. bigray's Avatar
      bigray - 2012-05-21, 01:06 AM
      I don't think apple is suing because they are scared of sales going down. It's just a power thing, they are the boss and they will **** anyone up who tries to challenge them. It's a bit like a bikie gang but in a corporate world
    1. Breezer23's Avatar
      Breezer23 - 2012-05-21, 03:52 AM
      The tablet is dead and outdated already. Save yourself the money Apple.
    1. zoltan1600's Avatar
      zoltan1600 - 2012-05-21, 08:56 AM
      Quote Originally Posted by Eaglespro View Post
      I guess the other companies should put out a round tablet so apple can feel better about itself. The jailbreak people need to copywrite there programs so apple can't steal them anymore and take credit

      Apple does not steal JB programs and take credit for them. Are you on crack? They seal the exploits, but they would be able to do that even if they were copywrited.

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