After reports that Apple has posted the required bond to make the preliminary injunction on the sale of the Galaxy Tab 10.1 tablet in the U.S. take effect, it is revealed that Samsung has appealed for junking of the said ban.
Apple on Wednesday posted $2.6 million in bond money for its request of a sales ban on the Galaxy Tab 10.1 in the U.S.
However, Samsung filed on Wednesday at the U.S. District Court for the Northern District of California petitioning the court to suspend the implementation of the bond.
On Tuesday, Judge Lucy Koh of the said court granted the said preliminary injunction on condition that Apple post the said amount in bond money to cover Samsung damages if the preliminary injunction is later proved to be illegal.
In its filing, Samsung is arguing, among other things, that Apple’s evidence against the Galaxy Tab 10.1 is “seven months or older”. Samsung argues that for a preliminary injunction, Apple should have provided more recent data because these types of injunctions are given to companies to prevent damage coming from the sales of an alleged infringing product.
“Samsung not only has a strong likelihood of success on appeal given the Court’s issuance of a preliminary injunction based on a stale record, but, absent a stay, the injunction will cause Samsung significant harm due to impaired relationships with customers and carriers, while causing no demonstrable injury to Apple,” Samsung said in its filing.
Apple sued Samsung and asked for a sales ban on the Galaxy Tab 10.1 in the U.S nearly a year ago.
It’s important to note that with this case, Judge Koh first denied Apple’s request for a preliminary injunction on the Galaxy Tab 10.1. Her first decision on the matter was in December of last year.
Apple is arguing that the Galaxy Tab 10.1 is in violation of U.S. Design Patent No. D504,889 for the Apple iPad. Koh later said that the Galaxy tablet is “virtually indistinguishable” from the original iPad and the iPad 2.
“Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products,” Judge Koh was quoted as saying in her ruling on the matter last Tuesday.
However, she did not grant an injunction in December but an appeals court told her to reconsider her decision. Originally, she ruled that Apple will likely suffer damages because of Galaxy Tab 10.1 sales in the U.S. but that Design Patent No. D504,889 is also likely invalid.
Image from photo4howi on Flickr (CC)