Reports claim that Apple has been sending out letters to the mobile network carriers and retailers telling them to stop stocking the Samsung Galaxy Tab 10.1 and the Galaxy Nexus which have been banned in a court order.
Apple tells the retailers that they are required to “immediately remove for sale the [banned product] from all physical and online venues under [their] direction or control”. Backing up the claims, Apple includes a copy of the 26 June preliminary injunction on sales of the Samsung Galaxy Tab 10, as ordered by the court.
Samsung claims: “Apple’s menacing letters greatly overreach”. The company says that Apple’s claims that “third-party retailers are subject to the prohibitions of the preliminary injunction” are incorrect. Samsung claims: “They are permitted to sell their existing inventory, even without a stay”.
It would appear that Samsung isn’t quite right. Foss Patents reports that Judge Koh’s orders include the following: “Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung Telecommunications America, Inc., its officers, directors, partners, agents, servants, employees, attorneys, subsidiaries and those acting in concert with any of them.”
However, Foss Patents also notes that Samsung is right when it points to previous decisions according to which someone who is not a party to a particular litigation cannot be enjoined or held in contempt. In particular, Samsung notes the carriers and retailers “independent conduct regarding the subject matter of the [underlying] case”. Of course it may not be the case that Samsung’s carriers and retailers are entirely “independent”.
The letters relating to the Galaxy Tab 10.1 went out on 28 June and letters concerning the Galaxy Nexus were sent on 3 July (before the injunction was stayed).