Samsung’s Galaxy 10.1 tablet computer: the judge said Apple would be irreparably harmed if sales continued

Court considers Apple’s claim that South Korean tech giant illegally copied the iPad design for its Galaxy 10.1 computer

Apple’s biggest tival to its hugely successful iPad, the Samsung Galaxy tablet has been banned from going on sale in the United States while a Californian court considers Apple’s claim the South Korean tech giant illegally copied the design of the iPad.

California district judge Lucy Koh said on Tuesday that Apple’s lawsuit appeared likely to prevail. “Apple has established a strong case on the merits,” she said.

She had said earlier the two products were “virtually indistinguishable”, but in December she decided against prohibiting sales of the Galaxy 10.1.

The judge changed her mind after the US court of appeals for the federal circuit told Koh to reconsider Apple’s request for an injunction, ruling on 19 June that it appeared the Cupertino-based company had a strong case. The Washington court handles most patent appeals.

“Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products,” Koh wrote in her order on Tuesday. She said Apple would be “irreparably harmed” if sales of the Galaxy 10.1 continued.

In an emailed statement to the BBC, Samsung said that it “will take necessary legal steps” and that the ruling was unlikely to have a significant impact on its business.

Koh ordered Apple to post a $2.6m (£1.67m) bond in case it loses the case.

The ruling is part of a much larger patent battle between the two tech giants. The trial is scheduled to take place next month in San Jose, California.

Apple filed its lawsuit last year and the two companies are locked in patent disputes around the globe over smartphones and handheld computers. Samsung, with its Android-powered products, has emerged as one of Apple’s chief rivals.

The Cupertino company also accuses the South Korean company of infringing patents related to the iPhone. Apple is seeking a similar injunction barring Samsung from selling one of its smartphones in the US.

Apple has been filing suits against various manufacturers who use the Google Android operating system in their tablets and smartphones.

Motorola, HTC and Samsung have all seen their patents challenged in the courts. In December 2011, a German court threw out Apple’s complaints about Samsung’s redesigned Galaxy 10.1N.

Source: BBC, Guardian, agencies

Court considers Apple’s claim that South Korean tech giant illegally copied the iPad design for its Galaxy 10.1 computer Apple’s biggest tival to its hugely successful iPad, the Samsung Galaxy tablet has been banned...