Apple had earlier this month successfully reactivated an injunction against Samsung’s 4G Galaxy Tab. Apple was successful in getting the court of appeal to change the decision of Judge Lucy Koh to deny an injunction against Samsung’s Galaxy Tab but the decision on an injunction against Samsung’s smart phones was still denied.
Samsung has filed its opposition on Friday against Apple’s claims. This news was discovered by FOSS patents. Experts claim that Apple might be in a better position right now due to battle of injunction, but they are far from winning the war and some say that Apple might not be able to make it permanent. To succeed in this case Apple is going to require 4 things in the court of law, “likelihood of success on the merits; likelihood of irreparable harm; balance of the equities; public interest.”
One of the judges, Judge O’Malley is a strong believer in Apple’s case and believe that Samsung has always been an infringer and that the Korean Manufacturers tablet Galaxy Tab 10.1 should be shut down immediately to provide injunction relief to Apple because Apple hold the patent rights to the technology and a case of irreparable harm has been considered in Apple’s favour.
Samsung has filed an opposition and the largely what we have come to understand is that Samsung is arguing that as Apple does not have currently a 4G version of the iPad 2, the Samsung 4G Galaxy Tab is not directly in competition with it. The company is also claiming that an injunction of this level would disrupt the company’s services with its affiliated carriers and incur the Korean Manufacturer heavy losses. Experts have said that the argument which Samsung has put forward has merit but it is not enough to stop the injunction and they could be in for a temporary loss. What Apple has put forward is that the 4G Galaxy Tab is backward-capable and customers can use these devices in the 3G mode or offline mode. Samsung might also lose the injunction battle because it had time to modify its product since the time Apple filed a preliminary injunction and it has not done so.