Samsung fails to lift U.S. sales ban on Galaxy Tab 10.1

[Shawn Knight]

Samsung’s attempt to lift a ban on the sale of their Galaxy Tab 10.1 in America fell short on Monday as US District Judge Lucy Koh declined the South Korean giant’s request. The rejection comes ahead of a planned patent trial later this month, according to Mercury News.

Koh originally declined Apple’s request for injunction but Cupertino took the case to Federal Appeals Court. The court instructed the judge to reconsider her initial ruling and late last month, Koh banned the sale of Samsung’s Galaxy Tab 10.1 in the US until a patent dispute between the two companies had been resolved.

"Samsung is disappointed with the court's decision that denied our motion to stay. We believe today's ruling will ultimately reduce the availability of superior technological features to consumers in the United States," Samsung said in a statement.

An Apple spokesperson stood by their claim that some Samsung products look very similar to the iPhone and iPad.

"Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products," Koh noted during the ruling. Furthermore, she imposed a pre-trial ban on the sale or import of the Galaxy Nexus smartphone in the US late last week, dealing yet another blow to Samsung.

The news is the latest in an ongoing patent battle between the world’s two largest electronics makers. The duo have been at odds for years, winding up in courtrooms in at least 10 countries as they aim to capitalize on the emerging and lucrative mobile device market. The latest battle is scheduled to take place on July 30 in a US courtroom.

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https://www.techspot.com/news/49247-samsung-fails-to-lift-us-sales-ban-on-galaxy-tab-101.html

 

[yRaz]

"Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products"

How does this guy look himself in the mirror every morning?

 

[Guest]

"An Apple spokesperson stood by their claim that some Samsung products look very similar to the iPhone and iPad." How does this end up in court, such blatant ignorance, wasting everyone's money and time because "looks very similar" is enough to ban a product from sale. Congratulations Apple, you successfully abused the legal system in your favor.

 

[Neojt]

Yeah sure its not like all the old flip cell phones looked EXACTLY the same or anyother NON smart phone but hey Apple didnt make any of those...

 

[MilwaukeeMike]

"Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products"

How does this guy look himself in the mirror every morning?

Well... he's right. As dumb as it is. Samsung does infringe on the patents. The problem is, the patents are extremely vague. He's following the letter of the law, not the meaning. Apple is supposed to prove that the Galaxy tab is hurting their business by infringing on the patents. They haven't done that so far as I've seen, so I guess they just ban sales until they can get around to it.
I would like to see an iPad and Galaxy tab side by side, and have someone post a video of the infringements. To me this whole thing sounds like the legal equivalent of throwing someone in jail for driving 3 MPH over the limit.

 

[MilwaukeeMike]

"An Apple spokesperson stood by their claim that some Samsung products look very similar to the iPhone and iPad." How does this end up in court, such blatant ignorance, wasting everyone's money and time because "looks very similar" is enough to ban a product from sale. Congratulations Apple, you successfully abused the legal system in your favor.

Didn't you get the memo? Apple patented the rectangle. All new devices will have to be round.

 

[Neojt]

Didn't you get the memo? Apple patented the rectangle. All new devices will have to be round.

LMAO

Back to the 90s when round was the dominant shape !!

 

[Adhmuz]

Didn't you get the memo? Apple patented the rectangle. All new devices will have to be round.

Ooh, maybe someone will bring out the Pentagonal Pad, that would be good for a laugh or two. OctoPad! Damn I should patent these things and Sue the first company to make profit off the idea. It seems to be all the rage in the courtrooms these days.

 

[Guest]

..and this is STILL the reason I don't buy iCrap.

 

[Guest]

yRaz said:
"Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products"
How does this guy look himself in the mirror every morning?

except that the guy was a she...
"Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products," Koh noted during the ruling. Furthermore, she imposed a pre-trial ban...

I don't really understand how apple can sue samsung only and not google directly.
as far as I can tell, all android devices are similar...with size as the only main physical difference.

 

[Guest]

Hey Apple what's next?
How about suing that damn fruit which use your registered trademark.

 

[Guest]

Only the lawyers actually gain from this. I'll still buy Samsung over Apple and I don't mind waiting to do it.

The devices still sell well enough in other countries for both companies to be making huge profits, and either the ban will be lifted or the next product will come along and look sufficiently different to avoid crApple tactics. In the meantime, the consumer loses and Apple haters have one more reason to hate Apple, and we all get yet more proof that the legal system is broken. Same old same old.

 

[Guest]

I am guessing apple is an American Company?

Samsung is korean?

Court ruling was made in America...

This is one way to look at it?

 

[Guest]

I'm glad Apple finally won an injunction on Samdung's infringing products. They've done nothing but copy the look and feel of every the iPhone and iPad since they've come out. If Samsung's own lawyers can't even tell the difference between an iPad and Galaxy when looking at them what does that say? They've made their money by offering a copied altermative to all the people who would never buy an Apple product I.e., Apple haters.

Apple's only going after Samdung because they're the only one truly mimicking everything Apple's done. In the end, I wish both companies would stop suing each other and work it out. It is better for the consumers in the long run. But, it does start with designing your own stuff.

 

[Guest]

Guest above is right, American court = home advantage.
Not about right vs. wrong!

 

[Dr Dave]

Imagine if Ford sold autos like Apple sold tablets by legal action we would be still all driving Ford automobiles. Your honor this toyota infringes on a Ford because it looks like a car! BS.

 

[Tygerstrike]

@Dave

You are correct sir. Not only is Apple taking out any competion with litigation, but it is also stunting the growth of the industry they are in. Eventually the other companies will innovate over Apple, Apple will be left in the dust, then Apple sues more ppl.

 

[Guest]

I don't see how Apple hurts innovation by prohibiting copying its devices design, functionality and general look and feel. Go on, innovate, make something new that Apple hasn't done, make it better than Apple and no-one will get you to the court. I've always been mad at Microsoft for copying other products and stealing ideas and getting away with it, now I'm glad to see similar trolls get punished.

On a side note, how come Americans have such low opinion of their law system? Why not just trust good guys in black robes that the court decision was just and made according to the constitution, freedom and democracy? Isn't it Court of Justice? So, justice was done to Samsung, what to discuss here? You don't suspect the court decision was biased by bribes or blackmail?!

 

[Archean]

@yRaz

Because Google gives its OS freely to anyone who want it, hence, it is receiving no direct 'monetary' benefit.

But IMHO it should not be allowed to get away from their blatant theft of patents (weaknesses in the system aside). My reason is, Google is 'indirect' beneficiary of this free giveaway, as it has attached its various services with the OS, hence it has vested interest in its success, also another dimension is their advertising business which is a huge cash cow anyway.