Patent Wars: Apple Convinces Judge to Ban Samsung Galaxy Tab in US

Posted by Knowlton Thomas

In what is perhaps Apple's most salient patent war victory to date, a US judge yesterday halted Samsung from selling any more Galaxy Tab 10.1s in America.

“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 wrote on Tuesday.

This is yet another bloody battle between Apple and Android in a war that started in 2010 and has only expanded in magnitude since. Par for the course will be Samsung seeking to appeal Judge Koh's ruling to a federal appeals court in Washington, which has exclusive jurisdiction over intellectual property disputes.

“Apple sought a preliminary injunction of Samsung’s Galaxy Tab 10.1, based on a single design patent that addressed just one aspect of the product’s overall design,” Samsung said in a statement. “Should Apple continue to make legal claims based on such a generic design patent, design innovation and progress in the industry could be restricted.”

Apple controls roughly 65% of the world's tablet market with its iPad, while Samsung controls approximately 7% with its Tab lineup.

Should Koh's ruling stand, Samsung will still be able to sell the Galaxy Tab 10.1 II (yes, it's seriously called that), the company's latest tablet. Retailers will also be allowed to clear their inventories of the original 10.1.

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Knowlton Thomas

Knowlton Thomas

Knowlton is the managing editor of Techvibes. Based in Vancouver, Knowlton has been published in national publications and has also appeared on television and radio. Previously he was an editor for New Westminster weekly The Other Press and served on its board of directors. When not working, Knowlton enjoys playing tennis, hiking, and exploring weird side streets. more




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