Just last week Apple filed a preliminary injunction against Samsung Galaxy Tab 10.1. With the proceedings it was partially confirmed that the Apple’s design patent infringement complaint was true. This has made Apple take steps against Samsung asking it to ban the next flagship device Galaxy Tab 10.1 is US.
This injunction is being filed by Apple after the appeal was won by them on U.S. Patent No. D504,889. According to this Galaxy Tab 10.1 which was infringing on the iPad may receive a temporarily or indefinitely ban from the sale of Samsung Galaxy Tab 10.1 in the United States.
The settlement talks between Apple and Samsung were scheduled today, where Apple has given Samsung until 25th May to respond.
Similar ban was faced by Samsung in Germany on the Galaxy Tab 10.1 patent infringement. However, Samsung overcame with it after having a slight change in the design by redesigning the Galaxy Tab 10.1. Even if Samsung has to face similar ban in US, it won’t bother much for them as they are already ready after Germany patent accuse.
As the preliminary injunction motion has won by the Apple, the judge Lucy Koh will move forward without any other hearing and will ban the tablet.
Since the ruling has already occurred the Galaxy Tab 10.1 will be off the shelves in US and so you won’t be able to buy it in future once the new ruling is passed.
“Circuit Judge Kathleen O’Malley argued that the CAFC should have reversed the decision in order to provided Apple with immediate injunctive relief in light of the irreparable harm it is suffering. But the majority of the judges saw “no reason to believe that there will necessarily be delay, or if there is delay that it will be unjustifiable”.” – FOSS Patents
Apple having the ruling power can put a similar ban on HTC and Motorola too if they win the Samsung’s patent infringement and successfully ban Samsung Galaxy Tab 10.1 in US.
Source: FOSS Patents.