Apple Fails to Ban U.S. Sales of Samsung Galaxy S3

Apple Fails to Ban U.S. Sales of Samsung Galaxy S3

In an effort to keep its existing patent case against Samsung rolling, Apple this week lost a bid to have the court ban the Samsung Galaxy S III in the states before its U.S. release.
Apple will still pursue its patent fight against the Galaxy S III but on a less-expedited basis than it might have wanted.

Last week, Apple asked the court to impose an injunction on the Galaxy S III before it is released in the U.S., a rollout that will begin next week. Apple asked that the Galaxy S III be added to its Galaxy Nexus complaint because the Galaxy S III “contains two of the exact infringing features already at issue,” Apple said at the time.

Samsung argued that it was too late for Apple to add more devices to its complaint, but Apple still floated the idea of requesting a temporary restraining order (TRO) against the Galaxy S III.
In her response, California district Judge Lucy Koh said Apple was within its rights to file for a TRO, but said doing so would delay the current patent trial schedule. She gave Apple until June 8 to make up its mind about the TRO, and ultimately, Cupertino decided against it in order to proceed to trial.
As a result, the two sides will meet for a hearing on June 21; the trial is set for July 30, according to patent blogger Florian Mueller.

“If Apple seeks to file a motion to enjoin sales of the Samsung Galaxy S III, Apple will have to request a new hearing date from the Court,” Judge Koh wrote.

The Galaxy S III will be available from all four major U.S. carriers as well as U.S. Cellular and C Spire. In its complaint, Apple acknowledged that the Galaxy S III will likely “sell phenomenally well immediately upon launch” – basically hurting Apple‘s market share thanks to Apple-owned technology, the company argued.

Samsung had pledged to “vigorously oppose the request and demonstrate to the court that the Galaxy S III is innovative and distinctive.”

 

Source: PCMag