A US judge has ordered Samsung to stop selling its Galaxy 10.1 tablet computer while the court considers Apple's patent infringement claims.
US District Judge Lucy Koh said Apple's lawsuit appears likely to succeed.
Samsung's Galaxy tablets, powered by Google's Android operating system, are considered by many industry experts to be the main rival to the market-leading iPad.
The ruling also comes as Samsung, a distant second to Apple in the tablet market, faces growing competition from rivals, with Microsoft and Google preparing their own tablets.
Koh had previously denied Apple's bid for an injunction on the tablet and multiple Galaxy smartphones. However, a federal appeals court instructed Koh to reconsider Apple's request on the tablet.
"Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products," Koh wrote, directing that her order become effective once Apple posts a $2.6m bond to protect against damages suffered by Samsung if the injunction is later found to have been wrong.
"The relief being given to Apple here is extraordinary. Preliminary injunctions are rarely asked for and rarely granted," said Colleen Chien, a professor at Santa Clara Law in Silicon Valley.
"That this was a design patent and copying was alleged distinguish this case from plain vanilla utility patent cases. Cases involving these kinds of patents are based more on a counterfeiting theory than a competition theory, so I don't expect this case to have ramifications for all smartphone disputes, but rather those involving design patents and the kind of product resemblance we had here."
Apple has waged an international patent war since 2010 as part of its attempt to limit the growth of Google's Android system, the world's best-selling mobile operating platform. A decisive injunction in one of the US legal cases could strengthen Apple's hand in negotiating cross-licensing deals, where companies agree to let each other use their patented technologies.
Opponents of Apple, meanwhile, say the iPhone and iPad maker is using patents too aggressively in its bid to stamp out competition.
The injunction against Samsung comes less than a week after Apple suffered a serious setback when a federal judge in Chicago dismissed its patent claims against Google's Motorola Mobility unit. Judge Richard Posner ruled that an injunction barring the sale of Motorola smartphones would harm consumers.
Samsung will likely seek to appeal Koh's ruling to a federal appeals court in Washington, which has exclusive jurisdiction over intellectual property disputes.

No comments:
Post a Comment