US court orders Galaxy Tab sales ban based on Apple patent infringement claims
Apple asked for a preliminary injunction that would freeze sales of the Samsung Galaxy Tab 10.1 in the United States and Apple got just what they wanted. Judge Lucy Koh, ruling from a US District Court in San Jose, California, has decided that Samsung’s tablet infringes upon design patents owned by the Cupertino-based maker of the iPad. The decision could mark a turning point in the patent war being waged between Apple and Samsung.
Koh had initially denied Apple’s request for a preliminary injunction, but upon the urging of a federal appeals court to reconsider her decision the Judge dropped the hammer on poor Samsung. The Korean company will now try their luck at their own appeal in Washington D.C. to see about getting the ruling reversed.
The injunction comes with a few stipulations. Apple must pay a $2.6 million bond before the ban will go into effect to protect against damages Samsung might suffer if the ruling is overturned on appeal. The ban will only cover the Galaxy Tab 10.1 and retailers will be allowed to sell out their remaining stock of the tablet.
If Samsung doesn’t come out on top of the appeal process, this ban could apply just enough pressure to Samsung to force the two parties to reach a licensing agreement. Then again, Samsung is already looking ahead at the launch of their Galaxy Note 10.1 and has a stable of other tablets already on the market, which could lead to the Android manufacturer to simply call this one a loss and move on.
[via Reuters]