Apple Moves to Ban Sales of Samsung Smartphones Following Court Win
Now that Apple has comprehensively beaten Samsung in the patent trial over its iPhone and iPad products, it has today submitted a chart (26K PDF) detailing the products for which it seeks a preliminary injunction or in other words, a sales ban.
Despite the jury finding in favour of Apple to the tune of twenty eight devices, Apple are only seeking a ban on eight of them. This is most likely because many of the products in the case are no longer available in the US and therefore no longer constitute competition. The eight devices are the Galaxy S 4G, Galaxy S2 AT&T, Galaxy S2, Galaxy S2 T-Mobile, Galaxy S2 Epic 4G, Galaxy S Showcase, Droid Charge and Galaxy Prevail.
All of these models are based on the Galaxy S2 smartphone and violate different patents and trade dress, as can be seen in the chart above. The Galaxy Prevail is the only phone that doesn't infringe any design patents, while the Galaxy Showcase didn't infringe the utility patents. The worst infringer was the Galaxy 2 4G which was found to infringe all three categories.
Apple still has to prove "irreparable harm" to enforce the ban however, which may end up trickier than it looks. Hence, it's easier to prove by focusing only on models that are currently in competition with Apple.
The date for the injunction hearing has been scheduled for September 20. In the meantime, Samsung is preparing its objections to the verdict, claiming little to no infringement and an incompetent jury, while no doubt Apple will push the other way, claiming that more technology patents were infringed and therefore more harm was caused by its opponent.
In response to the Court's August 24, 2012, Apple respectfully submits the following chart, reflecting the eight out of the twenty-eight adjudicated infringing products for which itseeks a preliminary injunction pending a final injunction.
Posted by | Mon, Aug 27, 2012 - 04:59 PM