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