Now that Apple has its first Samsung defeat pinned to its chest like a medal of honor, the fruity iOS company is currently looking to strike another blow by having the enemy's infringing products banned here in the States. So far Apple has only listed eight out of the twenty-eight phones that were included in part of the case which ended on Friday.
According to CNET, the following phones are lined up at the chopping block: Galaxy S 4G, Galaxy S2 AT&T, Galaxy S2 Skyrocket, Galaxy S2 T-Mobile, Galaxy S2 Epic 4G, Galaxy S Showcase, Droid Charge, and Galaxy Prevail. Out of the eight, the Galaxy S 4G was deemed the most offensive, violating two design patents, three utility patents, and two claims of trade dress.
A chart provided in Apple's filing on Monday shows that the Galaxy S2 Skyrocket and the Galaxy S2 Epic 4G violates only one Apple patent: D'677 (Q5). The Galaxy Prevail and Galaxy S2 T-Mobile are next in line, violating three patents. The Galaxy S 4G and the Galaxy S Showcase were the only phones on the list violating Apple's trade dress.
In a memo sent to all employees, Samsung said that eventually the market will side with those who prioritize innovation over litigation. "History has shown there has yet to be a company that has won the hearts and minds of consumers and achieved continuous growth, when its primary means to competition has been the outright abuse of patent law, not the pursuit of innovation," Samsung wrote.
On Friday Apple issued a statement after the verdict was given, saying that the lawsuits between Apple and Samsung were about much more than patents or money. "They were about values. At Apple, we value originality and innovation and pour our lives into making the best products on earth. We make these products to delight our customers, not for our competitors to flagrantly copy," Apple said.
On Friday a 9-person jury awarded Apple $1.051 billion USD in damages after deliberating for less than three days. Jurors were required to fill out a 20-page verdict form with answers to over 700 questions relating to the particulars of the case. Then on Monday Apple urged U.S. District Judge Lucy Koh, who presided over the four-week trial in San Jose, California, to ban the sales of the eight phones listed in its court filing.
Apple previously won a ban on U.S. sales of Samsung's Galaxy Tab 10.1 tablet back in June. Samsung tried to have that lifted on August 26 after the jury determined that it didn't infringe on the Apple design patent on which the banning was based. Instead the jury determined that Android tablet infringed on three of Apple's software patents.
On Monday Google issued a statement, reporting that the court of appeals will review both infringement and the validity of the patent claims. In other words, this particular battle isn't over by a long shot. "Most of these don't relate to the core Android operating system, and several are being re-examined by the US Patent Office," Google said. "The mobile industry is moving fast and all players — including newcomers — are building upon ideas that have been around for decades. We work with our partners to give consumers innovative and affordable products, and we don't want anything to limit that."
All players are building upon ideas that have been around for decades. Heck, Captain Picard and Captain Janeway were using tablets long before Steve Jobs whipped out the iOS version in 2010. Even more, MGM should be suing Apple for stealing the tablet design from 2001: A Space Odyssey as Samsung tried to point out.
