back to article Samsung fails to get Galaxy Tab ban in US lifted pending appeal

Samsung has been denied a stay on the preliminary injunction against the Galaxy Tab 10.1 in the US. The Korean firm was trying to hold up the ban on the fondleslabs until it had a chance to appeal the ruling, but US Judge Lucy Koh said that the injunction would go ahead. Judge Koh originally denied Apple the chance to stop …

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  1. Roger Stenning
    Facepalm

    Oh for...

    ...Crying out loud. Not so much shooting yourself in the foot, as taking one to the head. The question now to be asked by ANY US Judge will be "OK, have you already got another device on the horizon, or already launched, so that this injunction will not materially harm your sales?"

    *Bangs head on desk*

    *Looks up again*

    *Continues to bang head on desk*

  2. Anonymous Coward
    Anonymous Coward

    Bring them to the UK

    Maybe samsung could just bring all the banned products to the UK, and flog them cheap.

    I could do with a new phone and tablet :)

  3. Thomas 18
    Thumb Down

    cross-licensing deal = worst case scenario

    I'd far rather see the system collapse under the weight of America's retarded patent law system than a cross-licensing deal that effectively locks out new developers/manufacturers who aren't part of the patent club.

  4. Rob

    In a strange way...

    ... is this not saving money for Samsung by forcing them to stop selling an out of date product to a large market (less production on this model, no shipping, distribution etc) all this saving on the old product could be pumped into the new product.

    All this is doing is making Apple look desperate, this case is clearly pointless judging by the amount of effort Samsung has done to stop the injunction. I think Apple has run out of killer ideas and marketing spin, it needs to get off it's lorals(sp?) and do something innovative like it did with the first iPhone which kicked the whole smartphone industry up a gear, either that or realise that they need to start saturating market with varying models at different (affordable) price points.

    1. Droid on Droid

      Re: In a strange way...

      If Apple are running out of ideas, Samsung never had any to start with. You are also missing a very important point, the Nexus is running "stock Android". Apple got a ban, not on "look & feel" or "design patent" but on a technical patent. The real story here is that if Samsung loses in court, Apple can get a ban on every Android phone. This isn't Apple v Samsung, it's really Apple v Google with Samsung as the middle man.

      Samsung can use the own OS or licence MS or just buy RIM, Google have bet the house on Android and with all the court cases they are facing along with the antitrust & FRAND abuse cases, the next 12 months are going to be very interesting.

      1. Bullseyed

        Re: In a strange way...

        "If Apple are running out of ideas, Samsung never had any to start with."

        You mean like Samsung's retina display that they put into Apple products?

      2. Rob
        Go

        Re: In a strange way...

        @Droid on Droid but that reality will never happen. A court would never put a ban on Android as that would give Apple a monopoly and probably kill the career of the judge that issued the ban before it got overturned by a higher court. Why do you think Judge Koh issued the ban, it shows she took action but knows it's not hurt Samsung in the slightest which is reflected in the small bond Apple has to front up.

        Apple lawyers know this hence why they are going after the manufacturers of the phones rather than the supplier of the OS. One simple update to an OS can remove all issues, to re-purpose an assembly line to make a modification to a case is doable but it's the cost to do it that makes Apple smile, because they know they are chipping away at manufacturers funds and helping to damage share price etc (well that's probably what they are hoping).

        These battles run a lot deeper than 'you did, I did' court battles.

  5. SteveK

    Appeals

    In other news, Apple have banned all competitors from use of the appeals system on the grounds that the word 'appeal' is very close to 'apple' and therefore likely to cause confusion.

  6. Turgut Kalfaoglu

    AS GREEDY AS APPLE

    It used to be "as greedy as Microsoft", now the tables have turned and we have a new Greed Winner: APPLE! Congratulations capitalism, you sure produce the best and the worst.

    1. This post has been deleted by its author

    2. M Gale

      Re: AS GREEDY AS APPLE

      I've always labelled Apple and Microsoft as being two peas in the same pod. It's just that up until the iSomethings, Apple were never popular outside of the graphics and media industries.

      Think Different, indeed.

    3. VaalDonkie
      Trollface

      Re: AS GREEDY AS APPLE

      Surely you mean "the tablets have turned"?

  7. Turgut Kalfaoglu

    So Glad I already got it!

    SOO GLAD I already got this tablet 2 weeks ago!

    Btw, Both 10" and 7" models (Samsung Galaxy Tab 2) are GREAT machines.. Highly recommended..

    Fast, roomy, crisp.. I also rooted it without any difficulties. I'm in tablet heaven.

  8. heyrick Silver badge

    Samsung may have shot themselves in the foot, but the point still remains - this is a punishment handed out without an actual trial. Is this how America wants to be seen to be treating non-US businesses?

    1. Danny 14 Silver badge

      depends

      It depends on who wins. If Samsung wins then i'm sure it will trouser the money nicely and have a notch to fend off others. Apple has more to lose.

      1. Mark .

        Re: depends

        Depends how much money. The problem is it's not just the loss from sales of that device, but all the knock on effects which I bet the calculation doesn't cover. The vast potential in future growth of phones means that any harm to Android or Samsung has long term implications; also the indirect harm caused by effect on application development (remember that this is the phone that's often seen as best for Android development - it's the only one that runs vanilla Android, and gets the new releases of Android first, which now developers in the US won't have access too).

        $100 million to knock off the Google flagship device, without trial, is peanuts to a company that has billions in cash.

        Remember that the Iphone sales were rather low in the first two years. Imagine if Samsung or Nokia were able to ban it in the US (the most critical market for Apple, given how the rest of the world was already ahead in smartphone technology) for 2 years, based solely on the sales of those 2 years? Yet such a drawback in the market would have taken them even more years to catch up, and they wouldn't have the better sales that they've had in the last year or so.

  9. Paul Hovnanian Silver badge

    Not available in the USA? Time for a quick hop over the Canadian border.

    I'd better hurry before US Customs finishes training their Samsung-sniffing dogs

  10. John Sanders
    Linux

    I swear...

    That I will never buy an Apple product.

    Not that I ever have had any.

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