Apple filed a motion for preliminary injunction against the Samsung Galaxy Tab 10.1 in the U.S. on May 19, having Cupertino’s design patent at its core. Fast forward to the present and Apple managed to successfully block the sales of the Samsung tablet in the U.S., just a couple of hours before Google I/O kicks off.
Well known by now U.S. District Judge Lucy Koh has initially denied Apple’s motion but an appeal’s court considered it was time to review the order. The Judge said that “although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products”. However, Apple has to post $2.6 million bond protecting Samsung from losses in case the ruling turns out to be wrong; only then will the injection become effective.
While Samsung had to tweak the design of the original Galaxy Tab 10.1 in Germany — with the Galaxy Tab 10.1N successfully avoiding design litigation having its speakers placed on the sides — the U.S. variant wasn’t modified. Still, Samsung is regarded as the main (though distant) competitor to Apple’s tablet and, while the Galaxy Tab 10.1 isn’t a fresh tablet anymore, it could still harm Samsung’s U.S. sales if the Appeal doesn’t overturn the ruling.