Apple has been fiercely pressing the case against Samsung in courts and has recently added Google Nexus to the battle. The latest update in these battles are the new letters sent by Apple which say that retailers who are selling Samsung Galaxy Tab 10.1 are committing contempt of court as they are working against court ruling. The letters sent by Apple warned the retailers “‘immediately remove for sale the [banned product] from all physical and online venues under [their] direction or control”.
Judge Koh has ruled against the sale of the Galaxy Tab 10.1 in the U.S in the following court order: “Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, Inc., its officers, directors, partners, agents, servants, employees, attorneys, subsidiaries, and those acting in concert with any of them, are enjoined from making, using, offering to sell, or selling within the United States, or importing into the United States, [the relevant product], and any product that is no more than colorably different from this specified product and [infringe the relevant intellectual property right].”
From the above court order, Apple is focusing on the “acting in concert” for quoting against retailers and those who are selling the devices. By citing these words, Apple claims that retailers and sellers are working against the court orders.
In response, Samsung as expectedly has already objected on Apple’s new move against them and termed the move as “menacing”. Retailers on the other hand, are analyzing the words of the court order to seek what sort of damage it can bring on them.
If Judge Koh’s ruling is put forward, it seems that Apple is not completely wrong in these new allegations. However, they might have to clear the impact of Koh’s words on Samsung.
“Apple may be aggressive, but its understanding of the scope is not baseless,” said patent analyst Florian Mueller. “At the same time, Samsung is right when it points to previous decisions according to which someone who is not a party to a particular litigation cannot be enjoined or held in contempt ‘with respect to their independent conduct regarding the subject matter of the [underlying] case’ — but the question of how ‘independent’ Samsung’s carriers and retailers are in connection with their promotion and sale of those products is debatable.”
Samsung has responded that retailers should be allowed to sell those Galaxy devices that are still in stock and present in the inventory.
Samsung Galaxy Tab 10.1 has thrived more than expected and it is still attracting loads of customers as now the device has reached the level of affordability. Now, in the US, the device is being sold for only $400 which makes it a hot cake for buyers.
So far, Apple has not created problems for the companies that are still selling the Samsung products banned by the court and for some time, Galaxy Nexus is safe from any ban. However, this new development shows how aggressive Apple can get.