After Friday’s $1.05 billion verdict in favor of Apple, Samsung is now trying everything to reverse the trend while Apple is charging foward at full speed. Even though the injunction hearing will take place on September 20, some Samsung devices, such as the Galaxy Tab 10.1, were subject to preliminary injunctions. The jury decided that the Galaxy Tab 10.1 did not infringe the iPad D’889 design patent — Apple’s trade dress — and therefore invalidated the prior injunction.
Samsung requests a dissolution of the sales ban, the $2.6 million bond from Apple that protected Samsung if it was determined that the injunction was unnecessary, and probably damages for lost sales.
Apple, fresh off of its court victory last week, just informed the court the products it is going after for a U.S. sales ban on the basis of patent infringement. Thankfully, at least for Samsung, most of these products are no longer available. But Samsung will no doubt fight Apple on this as well.
Samsung is trying not to lose ground in the legal battle against Apple. On June 26, U.S. District Judge Lucy Koh ordered a preliminary sales ban on the Galaxy Tab 10.1 based on the fact that the Galaxy Tab 10.1 was hurting Apple’s sales due to trade dress and design patent infringement. At that time, Koh seemed convinced because she did not even wait for an Apple hearing to issue the injunction.
That’s why it is important to note that Koh can overrule the jury’s decision and state that the Galaxy Tab 10.1 does infringe Apple’s D’889 design patent.
In addition to the importance of Koh’s next move, the device was part of the list of Samsung devices that infringed several Apple software patents — at least ’381, ’915 and ’163 patents, respectively for “bounce back” scrolling, pinching to zoom and tapping to zoom. Apple might be asking for another review of that verdict on the Galaxy Tab 10.1 in the appeals court.
As long as the final injunction process is not over, the Galaxy Tab 10.1 is still not out of danger. Yet, Samsung’s argument seems valid. It is worth trying to obtain damages from Apple. As the Galaxy Tab 2 10.1 is already out, reparations and brand reputation could certainly be the main motivation behind Samsung’s court filing.