Apple has obtained a preliminary injunction against the Galaxy Nexus Smartphone and the Galaxy Tab 10.1 in the US, and has rapidly moved to enforce the ban. It sent out letters to carriers and retail companies that currently sell the banned Samsung products, requiring them to remove the aforementioned products immediately.
The letters were sent by Taylor & Company, a San Francisco, California-based law firm, and as Florian Müller of Foss Patents found, the letters were sent out on June 28 (concerning the Galaxy Tab 10.1) and July 3 (concerning Galaxy Nexus), respectively, before the injunction was stayed. Although Samsung claims Apple has gone too far, it may want to read Judge Lucy Koh’s order once again.
Apple's letter to US Retailers and Carriers
Re: Apple Inc. v. Samsung Electronics Co., Ltd., et al., United States District Court, Northern District of California, Case No. C-11-01846 (LHK)
We represent Apple Inc. in the above-referenced action.
We enclose a copy of the June 26 preliminary injunction ordered entered by the U.S. District Court for the Northern District of California in this case together with a copy of Apple's U.S. Patent No. 8,086,604 (the '604 patent'). With the posting of the requisite bond, the order is now in effect.
The order provides as follows:
For the foregoing reasons, Apple's motion for a perliminary injuction is GRANTED. Accordingly, Samsung Electronics Co., Ltd.; Samsung Electronics America, Inc.; and Samsung Telecommunications America, LLC; its officers, partners, agents, servants, emplotyees, attornyes, subsidiaries, and those acting in concert with any of them, are enjoined for making, using, offering to sell, or selling within the Unite States, or importing into the United States, Samsung's Glaxy Nexus and any product that is no more than colorably different from the specified product that infringes on U.S. Patent No. 8,086,604.
As the italicized language provides, the order applies not only to the named Samsung entities, but also to anyone "acting in concert" with them. Apple thus believes that the order extends to you because you may be selling, offering to sell, or importing Samsung's Galaxy Nexus.
Please comply with the order by ceasing immediately to engage in any of the specified acts (e.g., importing, offering to sell, or selling within the United States) in connection with the Samsung Galaxy Nexus and any product that is no more than colorably different from it and embodies the '604 patent's design. At a minimum, Apple believes compliance with the Court's order requires immediately removing for sale the Galaxy Nexus from all physical and online venues under your direction or control.
Please contact the undersigned if you have questions.
As a result of Samsung’s expedited hearing, a Federal Appeals court stayed the preliminary injunction, giving the company a July 16 deadline to submit its court brief. Apple can respond within two weeks, and the final battle will take place on August 6. [Via Foss Patents]Contact Us for News Tips, Corrections and Feedback