Apple Demands Galaxy S III Sales Ban

Apple has added four new Samsung products to its list of devices it wants a federal judge to order be taken off the US market because they violate Apple patents, including the newly released Galaxy S III.

Apple filed the additional list on 31 August in US District Court in San Jose, California, the same court where a jury on 24 August found that Samsung had infringed on six Apple patents and imposed $1.05 billion (£660m) in damages on the South Korean electronics maker.

Injunction sought

The list of smartphones and tablet computers Apple wants banned in this latest proceeding now numbers 21, according to the Associated Press.

However, this latest attempt by Apple to get an injunction banning Samsung products from the US market is a separate proceeding from the lawsuit that resulted in the trial and verdicts in San Jose.

In the wake of those verdicts, Apple presented a list of eight Samsung products it wants banned. It is unclear whether some products are on both lists.

According to the latest Apple documents filed with US District Judge Lucy Koh, who presided over the trial, the company accuses Samsung of making “copycats” of Apple’s iPhone and iPad.

“Rather than innovate and develop its own technology and a unique Samsung style for its smartphone and tablet computer products, Samsung has chosen to copy Apple’s technology, user interface, and innovative style,” Apple stated, according to the AP.

The Galaxy S III has been a hit for Samsung, ringing up 10 million in unit sales through July. Also added to the ban list is the Samsung Note, a hybrid phone/tablet that includes a pen-like stylus to jot notes on the device’s screen.

Its successor, the Galaxy Note II, was introduced on 31 August at the IFA consumer electronics show in Berlin.

Samsung response

In yet a third offshoot of the Apple vs. Samsung legal battle, Koh has tentatively scheduled a hearing on 20 September on Samsung’s request for her to lift an injunction barring sale of the Galaxy 10.1 tablet in the US, which she imposed just prior to the start of the trial.

Samsung released a statement on 1 September critical of Apple’s attempt to stifle competition through the courts.

“Apple continues to resort to litigation over market competition in an effort to limit consumer choice,” the Korean company said. “We will continue to take the necessary legal measures to ensure the availability of our innovative products in the United States.

The appeal of the verdicts and the legal proceedings surrounding the requested injunctions is going to take quite a while, said Kevin Restivo, an IDC analyst specialising in the mobile device market.

“Samsung has not exhausted its legal avenues and options. There’s a lot of battle left to be fought here,” Restivo said.

Also, since devices such as smartphones and tablets have an average shelf life of just nine to 12 months, many of the devices on Apple’s hit lists are likely to have been withdrawn by Samsung before there’s a final ruling, he said.

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