The Ongoing Saga Between Apple and Samsung

The fight between Apple and Samsung continues to rage. The companies have been engaged in a battle royale for smartphone/tablet supremacy in the United States since April, 2011, when Apple filed suit against Samsung. Apple's amended complaint, filed in June of the same year, alleged a whole slew of claims: patent infringement, federal unfair competition, trade dress dilution, state unfair business practices, unjust enrichment and both federal and common law trademark infringement. The claims list many infringing products: Galaxy Tab tablet 10.1, Galaxy S 4G, Galaxy S, Galaxy S II, Sidekick, Infuse 4G and Droid Charge. Fifteen patents were allegedly infringed: eight utility patents and seven design patents (these seven design patents are the most important for purposes of discussing the preliminary injunction: D627,790; D618,677; D617,334; D604,305; D593,087; D622,270; D504,889).

Apple filed a motion for a preliminary injunction on July 1, 2011. The motion for preliminary injunction was only targeted against four of Samsung's allegedly infringing devices: the Droid Charge, Galaxy Tab 10.1, Galaxy S 4G and Infuse 4G. The lower court denied the injunction against all four of the devices because Apple failed to demonstrate a likelihood of success on the merits or irreparable harm. On appeal, the Federal Circuit Court sustained the denial against three of the devices but reversed and remanded (for further findings) the district court's denial of an injunction against the Galaxy Tab 10.1. Apple then filed a Rule 62(c) motion for a preliminary injunction against the Galaxy Tab 10.1 without further hearing. The district court has temporarily denied the motion for a preliminary injunction because Samsung has filed a petition with the Federal Circuit Court for a rehearing en-banc of that court's earlier issued opinion. After the Federal Circuit rules on Samsung's motion and issues a formal mandate to the district court, Apple may bring its motion for a preliminary injunction back to the district court.

 
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