If I were to write a book on the greatest legal battles of this century, Apple VS Samsung will surely top the list. These companies have sued and counter-sued each other in scores of countries and courts around the world. Patent infringements are the most common cause of these lawsuits. Apple seems to be having better luck in court than Samsung, because it has scored yet another injunction against the Korean manufacturer. Galaxy Nexus has been banned in USA.
Lucy Koh, a judge at the United States district court has granted Apple another preliminary injunction against Samsung. This injunction comes only days after the same judge granted Apple a preliminary injunction against this very company, the result of which was banning of Galaxy Tab 10.1 sales. The judge believes Apple’s case holds merit, which is built upon the company’s claim that Samsung has violated four of it’s patents. This injunction means that Galaxy Nexus sales will henceforth be blocked in the USA.
According to the Judge, Apple has sufficiently proved that allowing the sale of Galaxy Nexus could inflict irreparable harm on the company as it might cause a decline in Apple’s market share. All this legal drama is due to four patents of Apple. Two of these are major bone of contentions. These include the slide to unlock patent as well as a patent for searching information in a centralized database.
Sadly, the legal saga does not end here. Samsung is well within it’s rights to appeal this decision in the US Court of Appeals. Furthermore a full trial decision could also circumvent this preliminary injunction, which is in no way permanent. It should be noted though that Apple has yet another win under it’s belt. The same Judge has cleared Apple of the charge that it was infringing upon one of Samsung’s patents. All of these combined make a pretty good case for Apple, which will no doubt fight Samsung tooth and nail in each and every imaginable court.
Nevertheless, it is Samsung which gets the short end of this stick. For as long as this preliminary injunction lasts, Galaxy Nexus will not be sold in the USA. Surely that would greatly affect Samsung’s market share. If by any stroke of luck the Korean manufacturer wins in trial, Apple will definitely have to whip out it’s checkbook as Samsung will surely demand a compensation befitting the ordeal it has been going through.
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Source : Google Reader
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