In the latest move in a complex series of patent-related cases,Apple filed a motion in a U.S. district court late Friday to banSamsung Electronics' Galaxy Tab 10.1 in the U.S. The Apple filing came in the wake of an appeals court rulingearlier in the week that sided with Apple on the validity of aniPad design patent. Meanwhile, Apple and Samsung are scheduled togo into court-mandated settlement negotiations, set for May 21 andMay 22, so the injunction is not likely to be granted over the nextfew days. [ Stay ahead of the key tech business news with InfoWorld's Today's Headlines: First Look newsletter. Read Bill Snyder's Tech's Bottom Line blog for what the key business trends mean to you. ] The motion for a preliminary injunction against the Galaxy Tab 10.1was filed in the U.S. District Court for the Northern District ofCalifornia, where Judge Lucy Koh is presiding over several casesinvolving Apple and Samsung patent claims for tablets andsmartphones. Koh had earlier in the year said that Apple was unlikely to win itspatent claim against the Tab 10.1, siding with Samsung's contentionthat Apple's iPad-related design patent claim in question would beconsidered invalid. Samsung has said that aspects of the iPaddesign patent are too obvious to be patented. However, earlier this week, the Court of Appeals for the FederalCircuit sided with Apple on the likely validity of the iPad design patent. "While this Court had concluded that Apple had failed to establishlikely success on the merits, the Federal Circuit held instead thatSamsung had failed to raise a substantial question as to validityof the D 889 patent based on obviousness," Apple said in itsmotion to Koh Friday. In the motion, Apple pointed out that even though Koh had initiallysaid that Apple's patent was likely not valid, she did agree thatApple would suffer harm from competition with the Galaxy Tab 10.1.In addition, Apple stressed that the appeals court also agreed thatApple would suffer from competition with the Galaxy Tab. "This Court should now promptly enter a preliminary injunction toprotect Apple from the continuing irreparable harm that this Courtfound five months ago was likely to occur in the absence of suchrelief," Apple concluded. The Friday motion was first reported by Florian Mueller's Foss Patents blog. If the court-mandated settlement talks between the two companiesfail, Koh could grant Apple's request for the injunction to behanded down without a hearing. However, Koh is scheduled to hear arguments on June 7 for aseparate injunction Apple has requested, against Samsung's GalaxyNexus smartphone. She could also hear further arguments on the Tab10.1 injunction at that time, Mueller suggested. Apple sued Samsung last year for violations of multiple patents andtrademarks in Android-based smartphones and tablets. Samsung hascountersued. Apple filed a separate suit against Samsung this yearon products released after the first suit was filed. Apple and Samsung are litigating about 50 different lawsuits inseveral countries. In Germany, a Dusseldorf court is set hear on June 5 an appeal from Apple, which is seeking an injunction preventingSamsung Electronics from selling the Galaxy Tab 10.1N, a tabletmodified to beat an earlier injunction against the 10.1 version ofthe product in the country. The e-commerce company in China offers quality products such as Glass Pendants Necklaces Manufacturer , China Hand Blown Glass Goblets, and more. For more , please visit Glass Handicrafts today!
Related Articles -
Glass Pendants Necklaces Manufacturer, China Hand Blown Glass Goblets,
|