“These days there’s a flurry of Apple v. Samsung activity. Late on Tuesday by local time, Judge Koh granted Apple a preliminary injunction against the Galaxy Tab 10.1, and Samsung filed a notice of appeal only about five hours later,” Florian Mueller reports for FOSS Patents. “In the late afternoon of the following day, Wednesday, three more things happened: Apple posted its $2.6 million bond right away; Samsung filed a motion to stay the injunction pending its appeal; and Apple won, by an extraordinarily wide margin, a battle with Samsung over the exclusion of portions of each other’s expert reports.”
Mueller writes, “I have previously stated my belief that Apple goes into this summer’s trial with a fundamentally stronger case than Samsung. That belief is mostly based on the strength of the asserted intellectual property rights and the fact that Samsung mostly relies on FRAND-pledged standard-essential patents (SEPs). Both parties have great lawyers, but no lawyer can change the fact that Samsung is in a strategically weaker position here. Apple won’t be able to prevail on each and every intellectual property right it asserts, but I think Apple will at least win parts of its case while Samsung will at best win a FRAND royalty but no injunction over SEPs. Samsung’s non-standard-essential patents don’t appear frightening so far.”
Read more in the full article here.
MacDailyNews Take: Tick tock, tick tock, tick tock…
Related articles:
Samsung likely to appeal U.S. Galaxy Tab 10.1 sales ban; claims ‘design innovation and progress restricted’ – June 27, 2012
Apple wins preliminary injunction against Samsung Galaxy Tab 10.1 tablet – June 26, 2012
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