It has taken Apple a lot of patience in pursuing their injunction to suspend Samsung Galaxy Tab 10.1 from rival Android device-makers and long time rivals Samsung. This has been a tough patent war between the two, with Apple appearing to finally prevail over its rival. This follows an injunction against the Samsung Galaxy Tab 10.1 as ruled by the San Jones California based judge Lucy Koh. If you have been following this suit carefully, you may recall that the same judge had earlier ruled in favor of the Samsung Company. After an appeal by persistent Apple officials, the federal appeal court, it seems instructed her to re-examine the case and it follows that she has now ruled in favor of the injunction.
Injunction to Suspend Samsung Galaxy Tab
In her ruling, the judge gave a statement, which implied that although Samsung have their right to compete, they should not violate that right by competing unfairly. In this case she implied that Samsung’s act of flooding the market with the infringing product, as she put it, is an unfair competition practice and therefore unlawful.
What is next now?
You may now be asking yourself, “What will happen to Samsung’s devices and how many of them will be affected? How long will this injunction last?” First, it is worth noting that this injunction will only affect the Samsung Galaxy Tab 10.1 but not the recent version. This means that if you were saving for a 10inch Samsung Galaxy Tab 2, continue saving since this device is not affected and it will still be available in the markets. The injunction bans the import and sale of the 10 inch Galaxy Tab 1 device in the US.
How long will this injunction hold?
This is a very important question because in any business, time is money and this has some losses involved. There is no way of telling how long this injunction is going to be in place. However, Samsung does not have as much to lose as you may think since they have the allowance to sell the remaining stock. According to the company, the device was not doing so well in terms of sales and therefore the company did not feel the punch, pinch, or blow (depending on whether you are a wrestler or a pugilist). However, the following will stand out:
– Companies infringing on other’s patent (s) will have an example to follow.
– Fair competition will be realized as companies become more complacent with laws like those that govern and define patent rites.
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