Apple files motion for preliminary ban on Samsung Galaxy S III in US

By on June 7, 2012, 7:30 AM

Apple has filed a motion in a California courtroom for a preliminary ban on Samsung’s Galaxy S III handset ahead of its June 21 US launch date. Cupertino specifically asked the court to add the handset to a separate motion for injunction against the Galaxy Nexus, a Google phone that Samsung helped create.

Apple’s case against the Galaxy Nexus was filed in February and claims infringement of four specific patents. Cook and company say they haven’t had time to fully analyze the Galaxy S III over two of those patents, but they feel confident that the handset is in violation of the other two. These include US Patent 8,086,604 and US Patent 5,946,647; unified search (Siri) and data tapping, respectively.

Court documents show that Apple’s attorneys spoke with those representing Samsung on May 31 to discuss including the Galaxy S III in the motion for injunction. Cupertino asked Samsung to postpone the launch of their new flagship phone until the proceedings had been completed. Samsung denied, saying that the motion would have no effect on the release of the handset.

As of Wednesday, Samsung replied to Apple’s motion by suggesting it was too late to add the Galaxy S III to the same motion as the Nexus. If they wish to proceed, Samsung feels that Apple should have to file a new motion and allow both parties involved to get all of their facts in order.

It’s still too early to determine how this one might play out but if Apple were able to delay the US launch, it could be disastrous for Samsung. The phone reportedly garnered over 9 million international preorders as of last month and with five major US wireless providers opening the pre-order floodgates yesterday, that number is sure to increase substantially.




User Comments: 24

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Guest said:

Typical Apple, that being said it is smart business on their part. I guess I'm just miffed that there is a chance I wont get the phone when I want it.:)

Ranger12 Ranger12 said:

Seriously, Apple does this way too much. They are protecting themselves but in the end it is the consumer who gets hurt. If they could just compete without exploiting the legal system maybe I would have more respect. That being said, patent infringement is not cool and should be dealt with but I believe this is not about patent infringement as much as it is about Apple trying to buy time.

wiyosaya said:

In a news release a couple of days ago, Cook claimed crApple was getting tired of this type of thing. I suspected that it was just PR bull, and this indicates that it was just PR bull.

[link]

Guest said:

It is most definitely to buy time. Also help pull away some impulse buys.

Guest said:

My disinterest in Apple's products is slowly but surely turning into active dislike of a company that can no longer disguise its fascistic tendencies. I doubt I could ever bring myself to buy an Apple product.

Neojt said:

Oh come on have your read the pattens !! they sound more like Google pattens thatn Apple. this is over SIRI witch is kinda lame PLUS how long has voice search has been on Google.com ?!

Ridiculous... It show how unconfident they are with their product if they must play dirty to win

Guest said:

"Apple's case against the Galaxy Nexus was filed in February and claims infringement of four specific patents. Cook and company say they haven't had time to fully analyze the Galaxy S III over two of those patents, but they feel confident that the handset is in violation of the other two. "

So let me get this straight Apple filed this just because they feel "Confident" it was in violation... that's like saying we are going to nuke france because we "Feel Confident" they have weapons of mass destruction they don't know but they feel it.... is it me or does apple just want to ban everything just because they feel its using something they have when they haven't checked it in any way.

gamoniac said:

Apple is run by a very smart group of people. See how they revolutionalize corporate tax practice here to sidestep billions in taxes -- [link]

Guest said:

...and if Apple succeed, they piss off millions of people. How smart is that ?

Guest said:

Tired of paying expensive phones due to Legal Fees instead of R&D.

mattfrompa mattfrompa said:

How bout that "free" market?

fimbles fimbles said:

if you cant beat them, sue them.

The sooner apple goes under the better.

Guest said:

Well everybody knows Samsung is blatantly copying the next iPhone that has not even been released.

foreverzero89 said:

apple needs to stop being a little b1tch and just focus on their own crap.

MilwaukeeMike said:

Well... they are confident the G3 infringes on their patents because it runs Android 4.0 (ICS), just like the HTC One X, which they also feel is infringing. Apple feels any phone running ICS infringes on their patents because there's a search function that searches multiple sources at once. Siri does this too, so Apple is mad.

...and if Apple succeed, they piss off millions of people. How smart is that ?

They piss off some Android users, who will hate them, but many more people won't notice anything except that the coolest phone in the store says Apple on it.

Ranger1st Ranger1st said:

'cause that made allot of sense...

There are allot of things in this world that look very similar, as companies get closer to a paradigm that works the look and feel will be very much alike. Cars are a perfect example, minivans almost to a 'T' look identical, 5 door hatch backs in the compact market.. almost identical. There is no 'copying' it is using the best ergonomics for the human design for a given set of parameters in the case of the smartphone.

As someone above intoned, I am well past the pint of being annoyed and antagonistic towards Apple, it's gotten tot he point where I hope some crack head eats the,'powers that be at Apple', faces off on a bridge in Miami now.

quote="Guest, post: 1183782"]Well everybody knows Samsung is blatantly copying the next iPhone that has not even been released.

m4a4 m4a4 said:

I am well past the point of being annoyed and antagonistic towards Apple

I agree. The products they make are half decent but for the price they suck. And then the company sucks balls. I sometimes wonder why they are still in business, but then I remember that they market their stuff as magical and the sheep flock...

Guest said:

Again? this has to be a joke...so apple own every patent? No Mames....where is their technical source? so they are saying that in a few days they openned the phone and inspected the code of the modules and compare them with their own to see if they infringe a patent?....Apple is sick of power...how can the ppl still buying their products?

Guest said:

Could have made so much money on this bet!!!

..oh well, S IV will be out soon anyway; I'll go make a bet now :P

p51d007 said:

They will DROP the suit about :10 seconds after the first iPhone 5 is sold LOL.

Xclusiveitalian Xclusiveitalian said:

HAHA Apple terrified a superior phone to its ijunk is coming out!

Tygerstrike said:

What Im wondering is simple. When is Apple going to draw the attention of whatever govt. dept that oversees lawsuits? How many more frivilous lawsuits does Apple have to file before someone smacks them in the head and says no?

Jibberish18 said:

Wow. Can you say that Apple is afraid of competition much? Why is it that when you're a Goliath, you're always afraid that David is going to take you down? You can't be on top all of the time.

Oh and patents? JUNK nowadays. They give you patents for the most broad, generalized and useless things. Apple just patented a shape for their Macbook Air. A SHAPE! I mean I know individuality should flourish and some companies are just shameless with stealing ideas but come on!

Jibberish18 said:

Oh and BTW the FTC just said that they think it's a bad idea to stop any phones from not being let into the country because of this patent crappery.

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