Apple and Samsung have been engaged in settlement talks to sort out their patent issues. However, that does seem to stop Apple from actively pursuing any patent infringements by Samsung. The legal battle between the two has been continuing, although it is being hoped that after the settlement talks, which is now three days away, both may come to some kind of agreement.
Recently, a Court of Appeals agreed with Apple that the Apple’s iPad design patent is quite valid since the design of an iPad is quite unique. This, consequently, means that the court has given Apple the right to the specific design that has been used in iPad and that if any other vendor copies the design, Apple can then file against that vendor.
And that is precisely what Apple is doing. Samsung’s Galaxy Tab 10.1 has come under criticism from Apple and others too many times because the design of this tablet is quite close to that of iPad. Apple claims that it has been asking Samsung to change the design but Samsung seems to be defying such demands. The tablet has been a bone of contention between the two companies in many parts of the world, including Europe.
Now, Apple has decided to bring the battle against Galaxy Tab 10.1 to US. According to FOSS Patents, Apple has now filed to have Galaxy Tab 10.1 banned in US because it infringes the design patent of iPad. Since a court has already agreed to Apple’s right to that patent, it is quite possible that Tab 10.1 does get banned in the US. And if that happens, that may be a setback for Samsung since Galaxy Tab 10.1 is the flagship tablet of the company.
But Samsung may steer a way around it, like the post states, “A U.S. preliminary injunction against the Galaxy Tab 10.1 won’t be devastating for Samsung’s business. It will basically be an embarrassment and it may have some temporary effects on the company’s related revenues. There will without a doubt be a redesigned Galaxy Tab 10.1, just like Samsung responded to a German injunction (over what is essentially the European equivalent (with minor differences) of the iPad design patent) with a modified product named Galaxy Tab 10.1N.”
Source: FOSS Patents