Two separate court decisions in lawsuits between Apple and Samsung have gone in Apple’s favour (at least for now). California district judge, Judy Koh last week ordered a preliminary injunction against the Samsung Galaxy Tab 10.1. She followed that decision with another on Friday against the Samsung Galaxy Nexus.
Pre-trial injunctions are not common. It suggests that the court sees enough evidence to suggest Apple’s accusations are valid but still to be proven in court. According to Judge Koh, “Apple has made a clear showing that, in the absence of a preliminary injunction, it is likely to lose substantial market share in the smartphone market and to lose substantial downstream sales of future smartphone purchases and tag-along products.” Apple has to post a US$95.6 million bond for the injunction to take effect. This money will be held until the trial and would be turned over to Samsung as injunction compensation should it eventually win the trial.
While the Samsung Galaxy Nexus has now been out for a while, interest in the device is likely to remain high as it will be among the first devices to be upgraded to Android 4.1 Jelly Bean.
Samsung described itself as “disappointed” by Friday’s decision. “We will take all available measures, including legal action, to ensure the Galaxy Nexus remains available to consumers,” it said in a statement. It will also appeal the Galaxy Tab 10.1 injunction.
Given its success with these two cases, is there any doubt that Apple will also make similar claims against the Samsung Galaxy S III? Only technicalities held it back the first time it tried.
Update: Samsung lost its appeal today to lift an injunction against U.S. sales of its Galaxy Tab 10.1.