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Samsung 4G Galaxy Tab is Not Apple 3G iPad 2’s Competitor

Source: Samsung 4G Galaxy Tab/ Samsung

Samsung is battling against Apple’s request for a preliminary injunction with regards to the Galaxy Tab. According to the Korean phone maker, the 4G capability of their tablet does not directly compete against the Cupertino-based company’s 3G-equipped iPad 2.

Apple Reactivates is Preliminary Injunction Against Samsung

It should be recalled that Apple was able to reactivate its motion for a preliminary injunction against its rival tablet earlier this month. The Court of Appeals overturned Judge Lucy Koh’s injunction denial for the Galaxy Tab, although it kept the judge’s ruling on smartphones. In turn, Samsung filed an opposition against Apple’s claims last Friday.

With its new motion for an injunction, Apple is starting from a far better position, although it remains to be seen whether they could win the case or not. The company has to convince the court of four factors: Likelihood of success on the merits, likelihood of irreparable harm, balance of the equities, and public interest.

But since the Court of Appeals had overturned Koh’s proclamation that Apple’s design patent was invalid, the company is more likely to convince the court of the case’s merit. On the other hand, both the judge and the court agree that the case for irreparable harm has been established.

Meanwhile, FOSS Patents’ Florian Mueller pointed out that at least one circuit judge believes that Apple should win out all four factors:

“Judge O’Malley indicated between the lines that she considers Samsung a reckless infringer whose Galaxy Tab 10.1 should be shut down sooner rather than later, and she clearly wants patent holders to have great access to injunctive relief.”

4G Galaxy Tab is Not iPad 2’s Competitor

Samsung, on the contrary, claims that the 4G Galaxy Tab doesn’t compete directly with Apple’s 3G version of iPad 2, since it doesn’t have 4G capability. The Korean phone maker also argues that the injunction would disrupt their partnership with carriers, which will sell the tablet with 4G contracts.

Regardless, it seems that they cannot dodge a preliminary injunction. That’s because it appears that they did not took into account that 4G-capable devices are backward-compatible. As a result, users can use the Galaxy Tab in an offline mode or on 3G networks. Furthermore, Samsung might lose during the injunction because they made no modification of their product since Apple first filed its preliminary motion.

 

The legal argument between Samsung and Apple has already spread to ten countries with more than 30 cases. The chief executives of both companies met earlier this week for a court-appointed settlement talk. Unfortunately, they were not able to reach an agreement.

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