Samsung dodged the bullet, so to speak, late yesterday when U.S. District Judge Lucy Koh in San Jose, California denied Apple’s request to ban the sale of three of its smartphone models and the Galaxy Tab 10.1 in the U.S.. Koh explained, “It is not clear that an injunction on Samsung’s accused devices would prevent Apple from being irreparably harmed.” While Apple may still end up winning the overall lawsuit that will go on trial next year, they have failed to immediately halt these devices from being sold in the U.S., which is good news for Samsung and for consumers as well.
Samsung is pleased with the ruling and feels confident that they will be able to debunk the accusations brought against them:
“Samsung welcomes today’s ruling denying Apple’s request for a preliminary injunction. This ruling confirms our long-held view that Apple’s arguments lack merit. In particular, the court has recognized that Samsung has raised substantial questions about the validity of certain Apple design patents. We are confident that we can demonstrate the distinctiveness of Samsung’s mobile devices when the case goes to trial next year. We will continue to assert our intellectual property rights and defend against Apple’s claims to ensure our continued ability to provide innovative mobile products to consumers” – Samsung
Aside from the customary name calling, “Copy cat!” “Dumby!”, Koh did mention that for some of the smartphones, “Apple has established a likelihood of success on the merits at trial.” Reuters reports that “Koh added that Apple would likely prove Samsung infringed one of its tablet patents. However, Apple had not shown that it was likely to overcome Samsung’s challenges to the patent’s validity, Koh wrote.” So we’ll be watching this case very closely because it may have an affect on Samsung’s “next big thing.” Apple has not commented on the decision.
So, what do we pull away from this? If you want a Samsung Galaxy SII or a Galaxy Tab 10.1, you better go out and get it now while you still have the chance. Quickly, before Samsung is forced to make phones with patent safe features per Apple.