“Apple Inc. won its bid for a court order immediately blocking U.S. sales of Samsung Electronics Co.’s Galaxy Tab 10.1 tablet computer while the companies litigate Apple’s patent-infringement claims,” Joel Rosenblatt and Edvard Pettersson report for Bloomberg. “U.S. District Judge Lucy Koh in San Jose, California, issued the order today after rejecting a similar request in December.”
Rosenblatt and Pettersson report, “Apple’s request, part of a broader patent dispute over smartphones and tablets, was based on an appeals court finding that it will probably win its patent-infringement claim relating to the Tab 10.1 tablet. The public interest ‘favors the enforcement of patent rights,’ Koh wrote. ‘Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products.'”
Read more in the full article here.
MacDailyNews Take: Wait, what? Apple’s legal team actually accomplished something meaningful? A court, however temporary it may or may not be, actually punished a slavish copier for slavishly copying Apple products? How the hell did that happen?! 😉
Of course, nothing meaningful was really accomplished. Slavish copier Samsung will simply continue selling their Galaxy Tab 10.1 II, which replaced the Galaxy Tab 10.1 last month and is not in any way barred from sale.
Ain’t the speedy legal system grand? It is, if your definition of grand is “a completely ineffectual laughingstock.”
The legal system is not equipped to adequately address blatant copying in the technology sector.
Here’s what our own SteveJack said back in April 2008, yes, 2008: “Samsung’s ‘Instinct’ is obviously to make Apple iPhone knockoffs.” There, the same determination made by the judge, but without wasting 4+ fscking years and for free, without forking over millions upon millions of dollars in legal fees.
So, crime pays. Nothing meaningful was restricted whatsoever. In Seoul, Samsung shares rose 3 percent in a flat market.
The way for Apple to actually get some real justice is to – gasp! – stop doing billions of dollars of business with a thief.
John Paczkowski reports for AllThingsD, “Koh’s order will become effective as soon as Apple posts a $2.6 million bond to protect Samsung if it is lated determined that the inunction should not have been granted.”
Paczkowski reports, Reached for comment, Apple reiterated the same message it’s hammered at since this debacle began. ‘It’s no coincidence that Samsung’s latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging,’ spokeswoman Kristin Huguet told AllThingsD. ‘This kind of blatant copying is wrong and, as we’ve said many times before, we need to protect Apple’s intellectual property when companies steal our ideas.'”
Read more in the full article here.
MacDailyNews Note: The ruling:
Apple’s products came first, then Samsung’s:
[Thanks to MacDailyNews Reader “Joe Architect” for the heads up.]
Düsseldorf court denies preliminary injunction against Galaxy Tab 10.1N: Design-around pays off for Samsung – February 9, 2012
Apple loses bid to get preliminary ban on Samsung Galaxy Tab 10.1N, Nexus Phone in Germany – February 1, 2012
German court leans toward letting Samsung distribute Galaxy Tab 10.1 N – December 22, 2011
Apple petitions German court to ban a fourth Samsung Galaxy Tab: The 10.1N model – November 29, 2011
Samsung relaunches modified Galaxy Tab 10.1 in Germany – November 16, 2011
Samsung appeals Galaxy Tab 10.1 ban in German court – September 13, 2011
German court upholds Apple complaint: Bans Samsung Galaxy Tab from sale in Europe’s largest market – September 9, 2011