Iphone maker Apple Computer wants eight Samsung mobile phone devices banned from sale in the U.S. immediately, days after winning a $1 billion patent infringement lawsuit. But its South Korean rival vows to take “all necessary measures” to prevent that from happening.
Apple’s request is expected to be considered by a federal judge Sept. 20 in California. At the same time Samsung is going to ask that the potentially crippling verdict be thrown out due to lack of evidence. Apple is expected to ask that damages be tripled to more than $3 billion.
The models Apple wants removed are among more than 20 Samsung devices a San Jose jury said infringed on Apple’s software and hardware designs for the iPhone and iPad. The jury ruled Samsung copied innovations such as scrolling and zooming in on a screen by double tapping, and Apple’s setup for displaying icons.
The immediate Samsung list includes older devices and those sold mainly online, including the Galaxy S 4G, Galaxy S2 AT&T, Galaxy S2, Galaxy S2 T-Mobile, Galaxy S2 Epic 4G, Galaxy S Showcase, Droid Charge and Galaxy Prevail. The list doesn’t include the new Galaxy S III and Galaxy Note. The U.S. District Court judge hearing the case had already banned Samsung’s Galaxy Tab 10.1 from the U.S. market.
It could be months or even years, however, before the dispute is finally resolved. Samsung plans to appeal.
“We will take all necessary measures to ensure the availability of our products in the US market,” Samsung Electronics said in a statement carried by Dow Jones News Service. Samsung also said it would consider “workarounds” to devices “as a last resort” to get around the patent concerns.
Since Samsung relies on Google’s Android operating system, the big question is whether Apple now will go after Google and its hardware partners with patent infringement suits. Google maintains that most of the infringement and patent claims do not relate to the core Android operating system.
It is said that imitation is the best form of flattery. Is Apple being unrealistic to think that it can prevent its technology from being imitated?