U.S. District Judge Lucy Koh’s Judgement Blocking Sale of Samsung Tablet
As a follow-up on last weeks blog post, the spotlight now shines on U.S. District Judge Lucy Koh’s latest judgement in the Apple v. Samsung patent trial. She has ordered the “halting of sales” of the Samsung Galaxy 10.2 Tablet, because she believes Apple is able to prove that Samsung infringed on the iPad design patent.
“In this case, although Samsung will necessarily be harmed by being forced to withdraw its product from the market before the merits can be determined after a full trial, the harm faced by Apple absent an injunction on the Galaxy Tab 10.1 is greater.” Koh wrote. “Apple’s interest in enforcing its patent rights is particularly strong because it has presented a strong case on the merits.”
She noted that she’s already found the Samsung tablet to be “substantially similar in the eyes of the ordinary observer” to the design covered by the iPad patent, calling the Galaxy Tab “virtually indistinguishable” from the iPad and iPad 2.
Koh refers specifically to the Tablets rectangular shape with rounded corners, simple front and back with reflective surfaces.
Koh’s main argument to support her ruling stated her belief that Samsung has a right to compete with Apple, however Samsung cannot compete unfairly using infringed products as it would hurt Apple’s sales.
It’s not over though, as Koh required Apple to put up a 2.6 million dollar bond in case the ruling is reversed; a chance Samsung’s attorneys wish to make happen because they filed a notice of appeal that very day.
Source: click here