Apple has gained a few legal success against Samsung when a court of appeals granted Apple the right to pursue a preliminary injunction against Samsung. This was granted after the court decided that the design of Apple’s iPad was unique and can be patented. Based on these, Apple can have Samsung Galaxy Tab banned in U.S.
As is the case with most of the legal battles between tech companies, Apple will need to convince the court of the following four things: likelihood of success on the merits; likelihood of irreparable harm; balance of the equities; public interest.
However, Apple definitely is getting a better start now. The decision from the court of appeals already has established Apple’s right to iPad design patent and if Samsung is found infringing upon it, Apple can indeed get a very solid case.
According to author Florian Mueller, “Judge O’Malley indicated between the lines that she considers Samsung a reckless infringer whose Galaxy Tab 10.1 should be shut down sooner rather than later, and she clearly wants patent holders to have great access to injunctive relief.” This clearly means that the courts are ready to deliver a strict verdict, if that is the need of the hour, in this case between Apple and Samsung.
Samsung, on the other hand, has come up with an argument that since Galaxy Tab is a 4G tablet but iPad 2, on the other hand, does not have a 4G version, these two tablets are not competitors. However, 4G devices are backward-compatible and Apple can return with the argument that customers can still use Galaxy Tab 10.1N across 3G networks.
Source: FOSS Patents
Courtesy: Apple Insider