Apple Strikes Back at Samsung

Despite the fact that Samsung dropped one of their many lawsuits against Apple last week, the legal team at Cupertino has made another move against their primary parts supplier. Apple has asked the U.S District Court to issue a preliminary injunction to stop the sale of the Galaxy Tab 10.1, Nexus S, Droid Charge, and Infuse 4G. Sound familiar? Not too long ago, Samsung asked the International Trade Commission to ban the import of Apple devices, including the iPhone 4, iPad 2, and iPod Touch, to the United States. A decision could take months, and it’s very likely that the dispute will end anticlimactically. Apple argues that Samsung has blatantly copied the “look and operation” of iDevices, and is knowingly riding off of their popularity.

The unique and refined “Apple look” of Apple’s iPhone and iPad products has become recognizable around the globe and has played a critical rolein their extraordinary commercial success.The look and operation of the Samsung smartphones and tablet computer that are the subject of this motion are likewise no accident. As described in the Amended Complaint, Samsung chose to copy Apple, not to innovate. The message that Samsung conveys to consumers with its imitative smartphone design is simple: “It’s just like an iPhone.” Samsung’s Galaxy Tab 10.1 tablet sends a similar message: “It’s just like an iPad.” With the benefit of those messages, Samsung is seeking to take market share by trading off of the popularity of Apple’s products. When Apple became aware of Samsung’s copying, it attempted to persuade Samsung to stop.

If Samsung believes there is a possibility that Apple will get their way, it could cause them to settle instead of dragging the case through the legal system. The Galaxy S II has been selling like hotcakes lately, and Samsung will do whatever it takes to maintain their momentum.

[FOSS Patents]


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