Apple contacts US carriers, resellers to enforce Samsung product ban
Apple's actions were revealed in a court filing made by Samsung this week, summarized by Florian Mueller of FOSS Patents. The enforcement of the ban involved letters "to many carriers and retail companies that currently sell" the banned products.
Those companies were told to "immediately" remove the Galaxy Tab 10.1 in letters that went on on June 28. Similar letters related to the Galaxy Nexus smartphone were sent on July 3.
"Apple's menacing letters greatly overreach, incorrectly claiming that third-party retailers are subject to the prohibitions of the preliminary injunction, which clearly they are not," Samsung argued in its court filing. The Korean electronics maker is of the opinion that retailers "are permitted to sell their existing inventory, even without a stay."
In his analysis, Mueller said Apple's approach is "aggressive," but he also believes that Apple's understanding of the injunction against Samsung's products is "not baseless."
Apple's enforcement of court-ordered injunctions against Samsung's products comes as the two companies are headed toward a legal showdown when their patent infringement trial kicks off on July 30. Each company has accused the other of infringing upon their intellectual property with products like smartphones and tablets.
In late June, Apple won temporary U.S. injunctions against Samsung's Galaxy Tab 10.1 tablet and Galaxy Nexus. Samsung, however, won a stay on the injunction against the Galaxy Nexus earlier this month.
52 Comments
i don't think the definition of "reach out" includes "demand", which is what apple is doing.
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I hope Apple know what they're doing and this, or some other patent they may possibly infringe upon, doesn't blow up in their face. As a shareholder, that's my biggest fear. I'm all for protecting IP but no one should be an a-hole about it. It's all about the 'karma/burning bridges' thing.
[quote name="Dickprinter" url="/t/151266/apple-contacts-us-carriers-resellers-to-enforce-samsung-product-ban#post_2146356"]I hope Apple know what they're doing and this, or some other patent they may possibly infringe upon, doesn't blow up in their face. As a shareholder, that's my biggest fear. I'm all for protecting IP but no one should be an a-hole about it. It's all about the 'karma/burning bridges' thing. [/quote] Why? They didn't make any demands - just a request. They even provided the wording of the order so the retailer could figure out if they needed to act. I can't imagine that it would hurt Apple. Reputable dealers will comply with the intent and wording of a court order. Apple has no need for the other kind.
Here's what the judge ordered:
Mueller seems to be correct when he says that Apple's position is "aggressive...but not baseless".
One or more of the bolded categories might apply to third party retailers, if one applies enough spin.