FURIOUS Apple Acts QUICKLY on Samsung Ban
Samsung will be required to halt U.S. sales of the Galaxy Tab 10.1 after Apple (NASDAQ:AAPL) won an injunction against its rival and posted a $2.6 million bond to start the ban. Samsung must cease sales of the tablet in the country or risk getting sanctioned for contempt of court, according to Florian Mueller of FOSS Patents.
The $2.6 million bond posted by Apple is necessary to protect Samsung in the event that the Korean company appeals the decision and succeeds. Samsung will be awarded the money in case the current injunction is found to have been improperly granted. Samsung has already filed a motion to stay the injunction pending its own forthcoming appeal.
On Wednesday, U.S. District Court Judge Lucy Koh ruled in Apple’s favor, saying that Samsung “does not have a right to compete unfairly by flooding the market with infringing products.” According to Mueller, Apple won “by an extraordinarily wide margin” while defeating most of Samsung’s motions. Samsung’s own motions against Apple’s expert reports “were much less successful.”
The two companies will be in court again in late July as their patent infringement lawsuits against each other go to trial. “Apple goes into this summer’s trial with a fundamentally stronger case than Samsung,” Mueller wrote. “That belief is mostly based on the strength of the asserted intellectual property rights and the fact that Samsung mostly relies on FRAND-pledged standard-essential patents. Both parties have great lawyers, but no lawyer can change the fact that Samsung is in a strategically weaker position here.”
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