Published in Notebooks
Galaxy Tab banned in the US
Apple wins preliminary injunction
A US court backed a request by Apple to ban Samsung Galaxy Tab 10.1 sales stateside.
US District Judge Lucy Koh followed an appeals court ruling, urging her to reconsider Apple’s request, after she originally denied it.
"Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products," wrote Koh on Tuesday.
However, industry watchers and legal experts alike are concerned by Apple’s legal crusade against the competition. Many believe the outfit is using its patent portfolio too aggressively and too broadly in order to stamp out the competition.
"The relief being given to Apple here is extraordinary. Preliminary injunctions are rarely asked for and rarely granted," law professor Colleen Chien told Reuters.
"That this was a design patent and copying was alleged distinguish this case from plain vanilla utility patent cases. Cases involving these kinds of patents are based more on a counterfeiting theory than a competition theory.”
Samsung is likely to appeal the latest injunction, but it is worth noting that it does not apply to the new Galaxy Tab 10.1 II unveiled last month.