“Right before a long weekend in the U.S. (due to Independence Day on Monday), Apple attempts a hole-in-one in its legal spat with Samsung. Apple has filed (with the U.S. District Court for the Northern District of California) a motion for a preliminary injunction,” Florian Mueller reports for FOSS Patents.
“The motion targets the following four Samsung products: Infuse 4G, Galaxy S 4G, Droid Charge, and Galaxy Tab 10.1.,” Mueller reports. “Shooting for a preliminary injunction is a bold gamble for Apple. If Apple’s motion is granted, Samsung will be forced within a matter of a few months — possibly less than two months — to take it flagship Android-based products from the U.S. market. Just the possibility of this happening could lead Samsung to settle with Apple early on. But if Samsung doesn’t cave and Apple’s motion fails, Apple’s position will look weak… It’s important to consider that a court grants a preliminary injunction only if there’s a really strong and convincing case.”
Read more in the full article here.
Independence means standing on your own feet.
Preliminary injunctions are very difficult to obtain but this one might just be justified.
Bloomberg is reporting that Samsung just dropped their lawsuit against Apple that claims Apple copied them…
Nothing to do with it. Samsung has several suits against Apple in a number of countries. They are just streamlining.
By any standard of sanity Apple’s case has merit and injunction should be granted.
However, this is legal system — actual reason does always works there at all.
Let’s clarify that…..
“However, this is THE US legal system — actual reason does always work there at all.” (5% of the world’s population – 95% of the world’s lawsuits.)
The head of Samsung mobile division screwed up big time.
having control of Nortel’s 4G patents can only strengthen Apple’s position here.It seems distinctly odd that a company that made so much money supplying parts to Apple would jeopardize that position.in fact Samsung’s position seems really stupid
Whether on the Corporate or Individual level, wealthy does not necessarily equal intelligent.
These injunctions are always asked for but rarely ever granted.
Unless the judge involved is deaf, dumb, and blind, Apple will get its injunctions approved. The Samsung products listed are as blatant knockoffs as they can be. Also, no more Samsung or Korean products for me.
Either way Samsung’s free Android software isn’t so free anymore. The lawyer fees will eat their thin profit margins.
Samseng will declare a loss in the next quarter due to attorney fees and punitive damage claims from Apple.
Justice is most always blind
Deaf, dumb and blind.
Or from Texas.
Winning a trade dress infringement lawsuit involves much, much more than a judge looking at two products and deciding that one looks like the other.
Preliminary injunctions are usually granted when one party will suffer significant and irreparable damage. The original cases usually involved riparian rights in which someone upstream was diverting water which would either deny the downstream owner valuable water or onthe other hand the diversion would cause severe flooding.
In Apple’s case against Samsung if it prevails it can be compensated monetarily and with the ganting of appropriate injunctive relief after a full trial.
Apple can both innovate and litigate!
The Golden Rule of Arts and Sciences:
Who has the gold makes the rules.
What a croc! ….there has been a less than 12% granting of injunctions like this in the United States over the last 20yrs. This was a huge gamble for Apple that’s bound to fail. Included in this injunction are same patents where the ITC judge rendered a decision in favor of both Nokia and the HTC.
The Judge had already given out his recommendation on both those cases just prior to Apple suing Samsung that day. Recomending that the ITC decide against Apple and in favor of HTC and Nokia to the full panel this summer. That’s why Apple immediately settled with Nokia knowing they were going to lose.
They are in talks with HTC and the ban of imports from both that Apple requested of imports was denied (just like they will be denied against Apple by Samsung). The ITC Courts rarely ban products if ever and just like they rarely grant injunctions. Apple will most likely settled with HTC the day before the full panel this summer.
They should be working this all out between them, because the only ones ever winning in these cases is the Liars (Lawyers). They are both bull headed and Apple doesn’t realize it’s met up with a corporation with a whole lot more money in it’s pockets (took in $138 Billion last year just in Electronics Division twice what Apple took in. All of Samsung Group (did over $220 Billion Dollars w/ of a goal of $400 Billion income by 2020). In the middle 90’s Samsung CEO wasn’t happy with the quality of some phones.
The CEO ordered a recall and lit all stock on fire in a big company bonfire destroying almost $20 MILLION Dollars in phones in 1994. These are Big Dogs with monster canines that competition should never double dare, like Apple has. Because they have a history of fighting back tooth and nail. I hope they just shake hands and come away friends, but doubt that will ever happen now!!!
Yes, and Samsung has a very deep patent portfolio in the U.S. magnified by a comprehensive cross-licensing deal with IBM in February. www-03.ibm.com/press/us/en/pressrelease/33588.
I strongly suspect that Samsung copied Apple with a certain recklessness born of confidence that Apple was very likely infringing on a number of their own telecommunications patents and that any litigation would go their way. I’m no IP maven, but the legal issues appear much more tricky than the “slam dunk” decision that many in the U.S. casually assume..
It’s not about gross revenue it’s about cash on hand and available .By now Aapple probably will show about $80 Billion on it’s next earnings call. What does Samsung have! Based on publicly available reports.
I don’t think it’s a big deal if the preliminary injunction isn’t granted.
It’s not a huge gamble but it does put early pressure on Samsung.
In the end the case will either be settled or Apple will prevail.
It’s the people who denigrate lawyers who are often the first to run to a lawyer when they suddenly need legal help.
Sometimes matters have to be litigated to be resolved by judgement or settlement.
Okay… if we’re choosing sides in this game, I’m going for the home team. Go Apple. I can quit buying Samsung branded products, so that’s easy. They’re good manufacturers, but not exactly stunning innovators of cultural changing ideas. Typical of many Asian companies, they copy other’s ideas more often than not. It’s just something that’s far more acceptable in Asian countries from music, movies, software, designer brands, fake Rolexes… so much counterfeit stuff, it’s been going on as long as I remember. It’s just a different cultural set of values… and they’re good at doing it to make a buck.