After wrapping up and winning one of the largest patent infringement cases in history last Friday, Apple picked up its pace to file a court notification that points out which Samsung products must stop entering and selling in the US market.
The Cupertino-based tech giant, and the world’s most valuable company, seems intent to pursue an injunction against eight smartphones only, regardless of the fact that the jury found almost all 28 Samsung products in the case to have infringed its patents.
Most of the infringing products are no longer sold in the US so it’s fairly obvious Apple has no need to go after those devices.
The Apple filing linked each infringing device to the patents it infringed based on the jury’s findings.
The table presented by Apple (below) shows that all identified devices infringed on Apple design-related (design patents and trade dress) intellectual properties, except for the Samsung Prevail.
The Samsung Galaxy S2 Skyrocket, Galaxy S2 Epic 4G and the Galaxy S Showcase, were the only ones that managed to avoid infringement of Apple’s 915, 381 and 163 utility patents.
Infringement on its patents is already laid down, and with Judge Lucy Koh nowhere near interrupting the jury’s verdict, Apple can now focus on the burden of proof that not banning the identified handsets will bring irreparable damage to its revenues and presence in the US.
Filing the ban of these Samsung smartphones is rather easy to pursue after the jury’s verdict, however a cease and desist order is not by a long shot an inevitable ending.
Apple clearly takes value on the gains of handpicking its legal battles, instead of simply chasing each infringing Samsung device.
The company will have an easier time to prove irreparable damage when the injunction targets products it may really contend against in the country.
The Samsung Galaxy Tab 10.1 already has a preliminary injunction in place, and the South Korean electronics giant is now asking the court to cancel it officially because the jury did not find its tablets to have infringed Apple’s design patents.
According to Bloomberg, Apple is strongly resisting Samsung’s petition and likely to extend the Galaxy Tab 10.1 ban to its cellular version, which was not even listed on the jury’s verdict form.
By September 20, Judge Koh would have finished a heavy workload on the day of the injunction hearing.
The eight Samsung devices are:
- Galaxy S 4G
- Galaxy S2 AT&T
- Galaxy S2 Skyrocket
- Galaxy S2 T-Mobile
- Galaxy S2 Epic 4G
- Galaxy S Showcase
- Droid Charge
- Galaxy Prevail