Update: Samsung's Galaxy Tab 10.1 blocked from sale in the US
Federal court asks Apple to post a bond for damages to Samsung in case it's later found that tablet was wrongfully banned
IDG News Service - A federal court in California has blocked the sale of Samsung's Galaxy Tab 10.1 tablet in the U.S. in a patent dispute between Apple and Samsung.
Samsung intends to appeal.
In an order on Tuesday granting the preliminary injunction, Judge Lucy H. Koh of the U.S. District Court for the Northern District of California, San Jose division has enjoined Samsung and its U.S. subsidiaries from importing or selling within the U.S. the tablet or any "product that is no more than colorably different from this specified product and embodies any design contained in U.S. Design Patent No. D504,889."
The patent refers to the ornamental design of the device. The court previously found the Galaxy Tab 10.1 to be substantially similar "in the eyes of the ordinary observer" to the D'889, the Judge said. It noted that the Galaxy Tab 10.1 is "virtually indistinguishable" from Apple's iPad and iPad 2, she added.
Apple has been ordered to post a bond for $2.6 million towards any damages sustained by Samsung if it is later found to have been wrongfully enjoined, Judge Koh said in her eight-page order.
The maker of the iPad tablet and other iconic devices filed in July last year for a preliminary injunction against the Galaxy Tab 10.1 tablet, which had been released about four months earlier, as well as several Samsung smartphones. It alleged that Samsung had infringed the D'889 patent, as well as a utility patent.
In a December 2, 2011 order, Judge Koh found that Apple had established that the Samsung Galaxy Tab 10.1 likely infringed upon the D'889 Patent, and that Apple was likely to suffer irreparable harm as a result of Samsung's infringing conduct. However, the court denied the preliminary injunction because the D'889 Patent was likely invalid based on several prior art references.
The Court of Appeals for the Federal Circuit upheld District Court's findings of infringement and irreparable harm with respect to the D'889 Patent, but reversed the court's invalidity finding as to the patent, Judge Koh said in her order on Tuesday.
The appeals court remanded to the District Court to assess the balance of hardships and public interest factors.
This District Court finds that the balance of hardships tips in Apple's favor, in the light of the Federal Circuit's ruling that Samsung has not raised a substantial question as to the validity of the D'889 Patent, Judge Koh said in her order.
Samsung was not immediately available for comment on the order. Judge Koh's order becomes effective as soon as Apple posts the bond.
The company has meanwhile filed notice with the court that it intends to appeal.
- Best iPhone, iPad Business Apps for 2014
- 14 Tech Conventions You Should Attend in 2014
- 10 Desktop Apps to Power Your Windows PC
- How to Add New Job Skills Without Going Back to School
- Slideshow: 7 security mistakes people make with their mobile device
- iOS vs. Android: Which is more secure?
- 11 sure signs you've been hacked
- 3 Steps to Content Sharing and Collaboration ft. Forrester Research Consumer sync and share tools help people access and send personal files, but smart IT leaders know that businesses require more than just...
- Empowering Your Mobile Workers A modern mobile IT strategy is no longer an option, it is an absolute necessity. Here's how some of the nation's most progressive...
- Omnichannel: From Buzzword to Strategy Customers demand a seamless experience across channels, especially mobile. Read this whitepaper for a research-based framework for using omnichannel for higher customer engagement.
- The 5 Big Lies About Going Mobile You've heard about the power of mobile to change your business. But have you realized your mobile potential? It's about much more than...
- Live Webcast On-demand webinar: "Mobility Mayhem: Balancing BYOD with Enterprise Security" Check out this on-demand webinar to hear Sophos senior security expert John Shier deep dive into how BYOD impacts your enterprise security strategy...
- Live Webcast Unmasking the Differences between Consumer and Enterprise File Sync & Share The consumerization of IT combined with the rapid pace of the modern mobile workplace is forcing enterprise IT teams to evaluate file sync...
- Live Webcast Workforce Mobilization for Improved Productivity A mobility research director from Aberdeen discusses reasons for extending legacy applications to mobile devices, and an integration strategist from Attachmate shows how...
- Getting Ready for BlackBerry Enterprise Service 10.2 Find out how BlackBerry® Enterprise Service 10 helps organizations address the full spectrum of EMM challenges, while balancing the needs of both the...
- Containerization Options: How to Choose the Best DLP Solution for Your Organization This webcast outlines a framework for making the right choice when it comes to containerization approaches, along with the pros and cons of... All Mobile/Wireless White Papers | Webcasts
As emerging technologies evolve they often find an initial niche in highly specialized scenarios, or in specific industry verticals, before expanding to wider areas of applicability. Within these initial niches, the early adopters can be anything from digital enthusiasts to fashionistas, or they can be folks simply using the technology because it serves a specific need extremely well. (free registration required) more