Alarmed by reports of more than 9 million pre-orders of Samsung’s spectacularly popular and in-demand Galaxy S III, and by its imminent launch in the US, Apple has declared its intention to seek an injunction against the handset. Before the San Diego California court, Apple’s lawyers announced that the company would likely file for injunctive relief, in effect a ban on US sales of the S3, on Friday.
Using language intended to persuade the
presiding Judge, Lucy Koh, that their filing required urgency, Apple attorney
Krevitt pleaded that "once sales are made, the harm is irreparable.” The iGadget maker's legal team are attempting to have the yet-to-be-released-in-the-US Samsung Galaxy III added to the current lawsuit, and banned even though there is no evidence that the US version has the features that Apple is claiming infringed.
In response, Judge Koh replied to the effect
that if Apple sought a restraining order, it would likely delay a planned July
trial date since she is scheduled to hear other cases besides the Apple vs Samsung
trial, and stated that "I cannot be an Apple v. Samsung judge." Apple is suing the Korean phone maker for
allegedly infringing Apple patents with numerous devices including the Galaxy
Nexus and the Galaxy Tab 10.1.
For its part, Samsung argued that Apple
should not be granted leave to seek such a knee-jerk injunction against the Galaxy S
III. Attorney Price pointed out that the technology allegedly covered by
Apple's patents, such as auto-correcting typed text, has no impact on sales of
Galaxy phones, the lawyer also declaring "There is no advertising or
marketing [of] these features at all" by Apple.
In a departure from usual practice,
several Google attorneys were also in attendance at the hearing, suggesting
Google is getting prepared for a more direct involvement with Apple’s legal
actions against Android partners, and for the time undoubtedly approaching,
when Apple will attempt to take on Google directly.
That will be interesting to watch.