Apple Inc. renewed its bid for a court order immediately blocking sales of Samsung Electronics Co. (005930)’s Galaxy Tab 10.1 tablet computer, relying on an appeals court’s finding that it will probably win a patent infringement claim.
Apple made a similar request last year to U.S. District Judge Lucy Koh in San Jose, California, as part of a broader patent dispute over smartphones and tablets. She rejected the proposed injunction in December.
The U.S. Court of Appeals for the Federal Circuit in Washington said May 14 Apple can pursue its efforts to halt sales of the Samsung tablet in the U.S. while the infringement case is awaiting trial. The appeals court disagreed with Koh’s ruling in December that Apple failed to show it was likely to win its case on the merits, according to Apple’s May 18 filing.
“The court can and should enter a preliminary injunction against sales of the infringing Galaxy Tab 10.1 without further hearing,” Apple said in the filing. “Each day that Samsung continues to sell its infringing Tab 10.1 causes additional harm to Apple through design dilution, lost sales, lost market share, and lost future sales of tag-along products.”
Since the San Jose case was filed in April 2011, Apple and Samsung have filed more than 30 such lawsuits against each other in 10 countries. In response to Cupertino, California-based Apple’s bids to block sales of Samsung devices and win billions of dollars in damages, Samsung has asserted that Apple’s patents are invalid and claimed that it’s the real victim of infringement.
In a filing today, Suwon, South Korea-based Samsung said Apple’s request for the injunction is “premature” because Samsung will request a rehearing of the Federal Circuit decision.
“Given the severity and importance of a preliminary injunction motion, Samsung should have the right to prepare and submit briefing and oral argument to the court,” lawyers for Samsung said in today’s filing.
Koh ordered Apple Chief Executive Officer Tim Cook to meet in person with Samsung CEO Choi Gee Sung today and tomorrow to try to reach a settlement of the dispute.
The case is Apple Inc. (AAPL:US) v. Samsung Electronics Co., 11-01846, U.S. District Court, Northern District of California (San Jose).
To contact the reporter on this story: Joel Rosenblatt in San Francisco at firstname.lastname@example.org
To contact the editor responsible for this story: Michael Hytha at email@example.com