Apple has just got a little bit of good new concerning their suit against the Samsung Galaxy Tab 10.1. District Judge Lucy Koh agreed to tentatively stop sales of the Samsung Galaxy Tab 10.1 tab in the US. She makes this ruling and states the following:
“While Samsung will certainly suffer lost sales from the issuance of an injunction, the hardship to Apple of having to directly compete with Samsung’s infringing products outweighs Samsung’s harm in light of the previous findings by the Court,”
As part of the arrangement with Samsung, Apple has agreed to post a $2.6 million bond just in case Samsung manages to prove that Apple’s D’889 design patent is invalid which will compensate Samsung for their losses. However Judge Koh doesn’t seem to think that samsung has much of a case against Apple. The device has already been banned in Germany, however the Samsung Galaxy Tab 10.1N was able to escape infringement because it was sufficiently different.
Samsung has already replaced the Galaxy Tab 10.1 with the Galaxy Tab 2, the 10.1 is already out of date in the technology world and consumers will move on. Judge Koh states her stance against Samsung stating: “any product that is no more than colorably different from this specified product” so the Galaxy Tab 2 must be colorably different.
Check out the suit below: