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Apple files opposition to Galaxy Tab 10.1 injunction remand

updated 08:20 pm EDT, Tue September 25, 2012

Cites criminal precedent, Samsung claim of 'end of product life'

The ongoing Apple versus Samsing legal jousting continued today, with Apple filing its opposition to Samsung's motion asking for a remand of the Galaxy Tab 10.1 preliminary sales injunction. Despite Judge Koh's concerns of substantial issues raised by the jury's decision showing the Galaxy Tab 10.1 to be non-infringing, Apple is using precedent from a criminal case to attempt to keep the injunction in place.

Samsung had previously denied any significant effect on its sales with the injunction, claiming that "sales of the accused Galaxy Tab 10.1 will soon fall to zero" because of the age of the product, and the successor to the Galaxy Tab 10.1 being already on the market when the injunction was applied. Samsung attempted to have the comments regarding the injunction redacted, but Judge Koh denied the effort in June. Samsung will have to overcome this statement in its attempt to obtain the remand.

Apple claims that the Galaxy Tab 10.1 is in fact infringing on three of its software patents, which will be heard in the next Apple versus Samsung trial in late 2013 or 2014. Apple argues that the filing should be a judgement as a matter of law from the violated patents, which include both software violations and trade dress infringements. Apple's concern about the December hearing for the injunction rather than the previously scheduled September date gives "Samsung a windfall of over two months of infringing sales that this Court and the district court have already held will cause Apple irreparable harm."

The original case was brought by Apple after Samsung ignored warnings in 2010 from both the iPhone maker and its rival Google that Samsung's products were too derivative of Apple's designs in both trade dress and software.

Samsung's public habit of making its retail stores, promotional videos and signage resemble Apple's as closely as possible, coupled with the sharp change in designs following the iPhone and iPad's introductions, have left the public with the strong impression of the South Korean company as being prone to copying. The sentiment was picked up on and spoofed in a video produced by talk show host Conan O'Brien's staff that aired nationally in the middle of the trial and has since gone viral.

Samsung countersued Apple, claiming it had in fact infringed on two of Samsung's patents, for which it asked for $400 million in compensation. The claims from Samsung were wholly rejected, and the company was awarded nothing. Another jury trial on different patent matters -- which spawned the sales injunctions on the Galaxy Tab 10.1 and Galaxy Nexus smartphone between the two giants -- is likely to take place in late 2013 or 2014.

Apple has already filed for a new permanent injunction against the Galaxy Tab 10.1 which would replace the preliminary injunction referred to in this filing. It cites both Judge Koh's own preliminary finding of infringement and Circuit Court Judge O'Malley's dissenting opinion during appeal that said the tablet should have been prevented from entering the market entirely, overturning Koh's original decision saying there was infringement but that it was not ban-worthy. [via Florian Mueller]



By Electronista Staff
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