Rather than tap dance around the problem any longer, Apple is trying for a slam-dunk style win against Samsung in their never-ending patent war. In other words, Apple has filed for a preliminary injunction against four of Samsung’s hottest new products, the Infuse 4G, Galaxy S 4G, Droid Charge, and the Galaxy Tab 10.1.
The language in this filing, alone, proves that Apple is ready to go big or go home. “The message that Samsung conveys to consumers with its imitative smartphone design is simple: ‘It’s just like an iPhone.’ Samsung’s Galaxy 10.1 tablet sends a similar message: ‘It’s just like an iPad,’” wrote Apple in its filing. If the judge approves Apple’s expected injunction motion, Samsung would have two months to remove all four of those products from the U.S. market, which may be motivation enough to just settle right here and now.
But Samsung may put on a poker face and with good reason. If the judge doesn’t approve Apple’s request, Apple’s reputation for over-asserting intellectual property rights may get even worse. Not only would this look bad to the public, who is basically sick of Apple crying copycat anytime a big competitor steps into the ring, but it would also have a psychological effect on the court proceedings as a whole.
Without ever showing the iPhone 5 (which will be the model directly competing with Samsung’s aforementioned products), Apple’s request to bar copycat phones from the U.S. market is a bit over-reaching, if I put it nicely. Judge Lucy Koh is likely to feel the same way, and she even made that clear when rejecting Samsung’s request to see the iPhone 5 and iPad 3.
From here, Samsung will have the option to immediately respond to Apple’s filing, and Apple will get to respond to its response. Then, on August 5, Apple will officially request that the judge order the injunction.
[via FOSS Patents]