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 Channel Futures

Best Practices


Judge Denies Samsung on Galaxy Tab U.S. Sales Ban

  • Written by DH Kass 1
  • July 3, 2012

It has been quite a week so far for Apple (NASDAQ: AAPL), one that seems to have gained the company the inside track in its high-profile patent war with Samsung.

The same judge that granted a preliminary injunction against sales of the Samsung Galaxy Tab 10.1 in the United States last week now has awarded Apple a preliminary injunction blocking sales of the Galaxy Nexus, the latest round in the smartphone and tablet giants’ patent scrum.

Judge Lucy Koh, U.S. District Court Judge for the Northern District of California, granted Apple’s request to block sales of the Nexus for nearly two years until trial, according to reports.

Koh also denied Samsung’s request to stay her earlier ban on Galaxy Tab 10.1 U.S. sales. Late last week, Apple quickly posted a $2.6 million bond, effectively halting U.S. sales of the tablet computer.

“As Samsung itself concedes, the injunction will cause Samsung minimal harm because it has other tablet products on the market,” wrote Koh. “In contrast, a stay would further irreparably harm Apple. In light of these findings, the balancing of equities favors Apple.”

As reported on Apple Insider in February, Apple filed for a preliminary injunction against Samsung’s Galaxy Nexus, a Samsung flagship smartphone and standard-bearer for the Android OS, citing violations of four U.S. patents. Judge Koh’s sales ban may signal that she believes Samsung possibly infringed upon all four Apple patents.

As with the Galaxy Tab U.S. sales ban, Apple has to post a $95.6 million bond to cover Samsung’s projected losses if the Nexus ban turns out to have been erroneously granted.

Samsung has said it will appeal both injunctions.

Apple Insider cited industry sources pegging Samsung’s potential loss from the Galaxy Tab injunction at $60 million and a $120 million slide from the Galaxy Nexus ban.

Unlike many other patent infringement tussles, the outcome of this one likely will result in market changes evident even to the average consumer. Should Apple prevail, is it better for consumers to have fewer products on the market from which to choose or to have more distinctions among products?

One thing is for sure. The trial, slated to begin at the end of July, is certain to deliver a number of slugfests.

Tags: Cloud Service Providers Digital Service Providers MSPs VARs/SIs Best Practices Mobility Technologies

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10 comments

  1. Avatar Jack July 3, 2012 @ 12:54 pm
    Reply

    Didn’t really consider buying Galaxies.

    Now I probably will.

    Just about had it with Apple’s mental(ity) problems. If Apple was a person I would stick a diagnosis to that person – and the person would neither walk the streets nor stay in any public area.

  2. Avatar Duppstadt smith July 5, 2012 @ 12:03 pm
    Reply

    I think that this is not fair with samsung.
    http://clearlyyoung.net

  3. Avatar ben martin July 5, 2012 @ 10:23 pm
    Reply

    I recently bought a Samsung Galaxy Tab 2 after reading some reviews http://search4reviews.net/ and I am very happy with my purchase, the 7inch model was just the right size for me. Would recommend getting one.

  4. Avatar The VAR Guy July 8, 2012 @ 3:13 pm
    Reply

    The VAR Guy has a lot of respect for Samsung’s overall strategy — from Windows to Android to Chrome OS Chromebooks and Chromeboxes. Interesting times.

    Regarding the Apple vs. Samsung lawsuit: The VAR Guy isn’t a legal expert. Super important for vendors to protect their innovations. But The VAR Guy would like to understand why Samsung is Apple’s target? Are other Android OEMs allegedly violating Apple’s innovations? Or is Apple simply worried about Samsung’s momentum???
    -TVG

  5. Avatar Jack July 8, 2012 @ 3:33 pm
    Reply

    Well, the history basicly started with Jobs promise to crack Android and that they are prepared to empty the war chest to do so.

    It is a natural strategy to focus on whatever makes most impact. That’s Samsung.

    They have to be way more careful wrt attacking Google – because if they loose they risk being blocked from pursuing further. The downside of loosing is far more significant.

    There’s no point suing Hickory Hills Android either – because it makes no impact.

    Whether they are worried? Who knows. It’s all about staying 3-6 months ahead of the competition. And Apple will do whatever they can to prevent the competition from catching up. If that’s really what they do.

    iOS is 5 years old – and it shows its age, thus I don’t really believe they are ahead anymore. They’ve been behind for a year already or more.

    OSX is of age too. The shift from 10 to 11 is long overdue.

    The US patent system is a problem – for american businesses.

  6. Avatar The VAR Guy July 8, 2012 @ 11:00 pm
    Reply

    Jack: The VAR Guy looks forward to your continued perspectives as the iPhone 5 nears launch. Interesting times…
    -TVG

  7. Avatar Jack July 9, 2012 @ 2:12 pm
    Reply

    I’m sure iPhone 5 will be exiting. i4s sells surprisingly well, and that is a solid confirmation of Apple’s standing amongst consumers.

    With the i4S succsess it is evident that there was no need to launch iPhone 5 – smart to hold off on that one.

    I expect iPhone 5 to be a breadwinner even with iOS 6, but iOS is ready for a serious overhaul. Sounds like a good package: iPhone 5 with a significantly revised iOS.

    No one beats Apple when it comes to timing products to market – I’m very convinced that they will play it well.

  8. Avatar The VAR Guy July 9, 2012 @ 11:58 pm
    Reply

    Jack: I’m not sure why but The VAR Guy gets the feeling that Apple is due for a few stumbles here and there. The company has performed nearly flawlessly for several years now. Hiccup to come?
    -TVG

  9. Avatar Bill July 12, 2012 @ 4:30 am
    Reply

    Koh: “a stay would further irreparably harm Apple”

    BS.

  10. Avatar Jack July 12, 2012 @ 9:04 am
    Reply

    Sooner or later Apple will miss out or fail to keep abreast, but when? Hard to tell.

    What will people buy to differentiate themselves from the crowd – when the crowd buys the same product to be different?

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