Thursday, June 28, 2012

Apple posts $2.6 million bond to begin preliminary injunction on Galaxy Tab 10.1


Earlier this week there were reports that District Judge Lucy Koh issued a preliminary injunction on the Galaxy Tab 10.1 in the U.S. related to the ongoing cases between Apple and Samsung. At the time reports claimed the ruling would kick in once Apple posted a $2.6 million bond, and today FossPatents reported that Apple has since done so, allowing the preliminary injunction to formally take effect:
Apple didn’t hesitate to post its $2.6 million bond to protect Samsung againt the possibility of a successful appeal, in which case the preliminary injunction would be found to have been improperly granted… the injunction has taken effect and Samsung must abide by it. Otherwise Apple could ask the court to sanction Samsung for contempt.
With Apple pulling in $39.2 billion in revenue last quarter, we know it takes only a matter of minutes to make that $2.6 million, which is meant to protect Samsung from damages in the event the injunction is found to be wrongly issued. On Tuesday Judge Koh made a statement following her ruling that Samsung “does not have a right to compete unfairly, by flooding the market with infringing products.” FossPatents continued by giving its outlook for the trial set to take place this summer:
I have previously stated my belief that Apple goes into this summer’s trial with a fundamentally stronger case than Samsung. That belief is mostly based on the strength of the asserted intellectual property rights and the fact that Samsung mostly relies on FRAND-pledged standard-essential patents (SEPs)… Apple won’t be able to prevail on each and every intellectual property right it asserts, but I think Apple will at least win parts of its case while Samsung will at best win a FRAND royalty but no injunction over SEPs.       View the original article here

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