Monday, August 27, 2012

Apple Wants 8 Samsung Devices Banned, Samsung Wants 1 Reinstated

Fresh off its major victory over Samsung, Apple has submitted a list of eight Samsung products it wants pulled from shelves and banned from the U.S. market. In a reversal of fortune of sorts, Samsung has asked that the ban at least one of its previously banned products be removed.

The products Apple is seeking an injunction against are: Galaxy S 4G, Galaxy S2 AT&T, Galaxy S2, Galaxy S2 T-Mobile, Galaxy S2 Epic 4G, Galaxy S Showcase, Droid Charge and Galaxy Prevail.

The sole product Samsung wants reinstated is the Samsung Galaxy Tab 10.1.

The two companies have been locked in a major patent battle that culminated late last week when Apple was awarded a $1 billion judgement against Samsung. Several of Samsung products we found to be infringing upon some of Apple's patents.The eight products listed are only a handful of the products Apple could have sought a ban on, however most of the rest of the products are no longer on sale in the US or are less likely to be seen as a threat to Apple's sales.

In the mean time the jury found that the Samsung Galaxy Tab 10.1 (4G, they found against the WiFi version) did not infringe upon any of Apple's patents. Immediately prompting Samsung to ask the federal courts to remove a prior ban on the device.

According to Bloomberg, Samsung has requested a full reinstatement of sales along with damages from Apple since its Galaxy Tab 10.1 has been banned without cause. The company also asked Judge Lucy Koh to rule on the request without a hearing giving Apple no chance to further its fight.

Update: Apple has fired back asserting that the ban on the Samsung Galaxy Tab 10.1 should be extended not revoked.

Citing the jury verdict Apple is asking for a further ban on the Galaxy Tab. The jury in the case found the Wi-Fi version of that tablet to infringe on three of Apple's "feature" (i.e., software) patents. While the 4G version of the tablet was also on the verdict form the jury didn't find that it infringed on those same design patents.

Apple argues that the two devices are basically the same when it comes to the software, an area where the jury decided there was infringement.

"While the cellular version of the Galaxy Tab 10.1 was not included in the verdict form, it is not colorably different from the products that the jury found to be infringing as to some Apple utility patents, and thus should be covered by an injunction against sales of products that infringe those patents," Apple said.

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