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Samsung is fighting Apple's requests for a preliminary injunctionagainst its Galaxy Tab with the argument that the 4G capability ofits tablet means it does not directly compete with Apple's3G-equipped iPad 2. Earlier this month, Apple succeeded in reactivating a motion for a preliminary injunction against its rival's tablet.The appeals court overturned Judge Lucy Koh's denial of aninjunction for the Galaxy Tab, but it left intact Koh's rulingagainst an injunction on smartphones. Korean handset maker Samsung filed on Friday its opposition toApple's claims, FOSS Patents has discovered . According to author Florian Mueller, Apple is "starting from afar better position" with its new motion for an injunction, thougha win is hardly guaranteed. To succeed, Apple would need to convince the court of four factors:"likelihood of success on the merits; likelihood of irreparableharm; balance of the equities; public interest." Since the appealscourt overturned Koh's assertion that Apple's design patent wasinvalid, Apple is more likely to convince the court of the meritsof its case. Meanwhile, both Judge Koh and the federal Court ofAppeals are in agreement that the case for irreparable harm hasbeen established. Mueller noted that at least one circuit judge believed Apple shouldprevail on all four factors. "Judge O'Malley indicated between the lines that she considersSamsung a reckless infringer whose Galaxy Tab 10.1 should be shutdown sooner rather than later, and she clearly wants patent holdersto have great access to injunctive relief," he wrote, adding thatshe "makes a number of good points." A large part of Samsung's argument against the injunction inFriday's filing hinges on the claim that, since Apple lacks a 4Gversion of the iPad 2, the 4G Galaxy Tab doesn't compete directlywith the device. The company also claimed that an injunction woulddisrupt its partnership with carriers. Samsung has teamed up withcarriers to sell the Galaxy Tab 10.1 with 4G contracts. Mueller noted in his report that Samsung's argument is "not withoutmerit," while adding that he believes it's "too weak to avoid apreliminary injunction." According to him, Samsung didn't take intoaccount that "4G devices are backward-compatible" and thatcustomers might use them in off-line mode or on 3G networks. "Even if someone thinks that 4G is desirable, I doubt that thenumber of customers who are out to buy only a 4G tablet islimited," he said. The report also pointed out that Samsung is likely to lose duringthe injunction phase because it could have modified its product inthe time since Apple first filed its preliminary injunction motion.Samsung released a redesigned Galaxy Tab 10.1 in Germany last yearin order to work around a sales ban there. "While Apple continues to believe that the 10.1N still infringes(under EU law), the fact that Samsung made an effort to avoidfurther infringement calls into question that continuedinfringement must be allowed by the court for hardship and publicinterest reasons," Mueller concluded. The chief executives from both Apple and Samsung met earlier in the week for court-appointed settlement talks, but they were unable toreach an agreement. The legal dispute between the two companies hasspread to ten countries with over 30 cases. The e-commerce company in China offers quality products such as Yoga Stretch Band Manufacturer , Silicone Dog Tags Manufacturer, and more. For more , please visit Sports Silicone Bracelets today!
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