The filing, discovered by Florian Mueller of FOSS Patents, specifically accuses Samsung of violating 3 Apple style patents and one utility patent. Mueller described the motion as a risky "hole-in-one" try from Apple that would accelerate the case.
If granted, the injunction would need Samsung to get rid of the subsequent four product from the U.S. market inside consecutive few months:
- Infuse 4G
- Galaxy S 4G
- Droid Charge
- Galaxy Tab ten.1
"The message that Samsung conveys to consumers with its imitative smartphone style is simple: “It’s rather like an iPhone.” Samsung’s Galaxy ten.1 pill sends an analogous message: “It’s rather like an iPad.” With the good thing about those messages, Samsung is seeking to require market share by trading off of the recognition of Apple’s product," Apple wrote within the request.
The Cupertino, Calif.-based company added that it absolutely was “limiting” the injunction to new Samsung product recently released within the U.S. and had unseen the as-yet-to-be-released ‘Galaxy S two Phone’ and also the ‘Galaxy Tab eight.9 tablet’. However, Apple said that it “reserves the proper to hunt preliminary injunction against those 2 product as their unharness becomes imminent.”
Apple maintained that it's alternative claims are "equally sturdy," however might probably raise further problems that might interference the motion. "It's laborious to imagine a a lot of compelling case for issuing a preliminary injunction," the filing browse.
Alongside the motion, Apple has filed a concurrent motion for an expedited trial on all of its claims. the corporate has asked for a court hearing for the preliminary injunction on August five and an expedited jury trial for the complete case in February 2012.
It seems that Samsung won’t backpedal from Apple’s latest filing. "We're getting to actively shield and defend our intellectual property and our ability to supply shoppers with innovative technology," company spokesman Kim Titus said.
The Korean electronics large fired back at Apple on with letter of invitation for an import ban of Apple's devices, together with the iPhone and iPad. the corporate additionally asserted in an exceedingly filing on Friday that it's competing with, not copying, Apple, accusing the iPhone maker of making an attempt to "avoid such competition."
Apple began its legal battle with Samsung in April when it sued the corporate, accusing the corporate of copying the iPhone and also the iPad. Samsung quickly retaliated by launching its own lawsuit each within the U.S. and abroad, arguing that Apple had violated many of its patents, together with “technology for tethering a portable to a laptop to enable the laptop to utilize the phone's wireless information association.”
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