Samsung responds to Apple’s Galaxy Tab appeal

Macworld Australia Staff
28 May, 2012
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Samsung has responded to Apple’s recent preliminary injunction success against its Galaxy Tab 10.1, stating the Galaxy Tab’s 4G capability means it does not compete with Apple’s 3G iPad 2 in a court filing on Saturday.

Two weeks ago, Apple successfully appealed a US federal decision that dismissed Apples efforts to block the Galaxy Tab’s sale, concluding Samsung violated a software patent and three design patents.

Foss Patents’ Florian Mueller believes Apple is “starting from a far better position” but will need to win all four of the injunctions’ four factors: Likelihood of success on the merits; likelihood of irreparable harm; balance of the equities and public interest.

Apple’s successful appeal means it will likely win the first two factors according to Mueller, who notes one circuit judge believes Apple will win all four factors.

“One circuit judge, Judge O’Malley, even went beyond the majority opinion and argued that one could infer from the district court’s original ruling (which denied Apple a preliminary injunction) that Apple would prevail on those two factors as well,” Mueller said.

Mediation between Samsung and Apple in a San Francisco court last week was unable to resolve the ongoing litigation between the two companies.



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