Judge Refuses Apple's Request for Injunction on Galaxy Tab 10.1; Lawsuits Help Sammy

[dgstorm]

It all seems so pointless now, but Apple is still pounding away at Samsung in court regarding the similarity of their Galaxy Tab 10.1 to the iPad. The Samsung Galaxy Tab 2 (10.1) is already out and selling mildly well, making the Galaxy Tab 10.1 old news, but that hasn't deterred Apple's lawyers. They recently requested that the U.S. judge presiding over the case issue an injunction to bar the Galaxy Tab 10.1, instead of waiting for the Appellate court's ruling. Here's a quote with the details,

Last month, the Court of Appeals ruled that Apple could ask for an injunction against the Samsung GALAXY Tab 10.1, but not against any of Samsung's smartphones. Four days after this ruling, Apple refiled its motion for the injunction against the tablet and it is this motion that Judge Koh refused, saying that the Appeals Court has not issued a "formal mandate" of its findings. The Judge said that the Appeals Court could decide to "rehear the matter, alter or amend the opinion or otherwise change the scope of issues that must be addressed on remand," saying that any injunction she issues now could cause "confusion."

Apple tried unsuccessfully to show the judge that there was precedent for her to rule before the appellate court made its decision, citing a 1951 case where a ban was issued by the court before the Appeals Court made a "formal mandate" in order to get dangerously mislabeled drugs off the market. Once the "formal mandate" is issued, it seems likely that Apple will get its injunction. Still, it might prove to be a hollow victory for Apple since Samsung has already replaced the Samsung GALAXY Tab 10.1 with the Samsung GALAXY Tab 2 (10.1).

That's worth a laugh or two. I suppose you might admire Apple's "moxy" to try comparing dangerously mislabeled drugs to an iPad, but it's downright silly when you think about it, and obviously the judge thought so too. It seems like Apple is wasting a ton of time and money.

Ironically, we have an additional report that ties in nicely with this. Apparently, Apple may be inadvertently working against their own good with these capricious lawsuits. According to a new report, the patent fight between Apple and Samsung could actually be helping Samsung. Supposedly, unnamed spokespersons from within Samsung have indicated that the patent war with Apple is actually helping "brand awareness" for Samsung. In fact, Samsung may be actively trying to drag this patent war out and not attempt a settlement against or with Apple. It seems that the longer the fight goes on, the more people perceive the Samsung branded products in terms equal to Apple branded products. Here's what the insider had to say,

”This is worth it. More consumers know about Samsung. The fight with Apple has so far been effective in boosting our brand awareness."

Additionally, here's a quote from the SlashGear article with more details,

In fact, it’s claimed, Samsung is loathe to chase a settlement with Apple for just that reason. If it can accelerate its roadmap, it could also drive up the average selling price of its handsets, a factor it apparently believes is directly connected with perceived brand value.

“The Galaxy S is inferior to the iPhone in terms of average selling price (ASP), which is the key barometer to gauge brand awareness and perception of consumers” another Korean source claims. “That’s another reason why Samsung wants to keep continuing the patent fight with Apple.”

Some evidence suggests Samsung’s expensive strategy could be paying off. The company rose two points in Interbrand’s “2011 Best Global Brands” research, to seventeenth place, with an estimated value of $23.4bn from the previous year’s $19.49bn.

You can read more about Samsung Galaxy Tab products at our sister-site: Judge Refuses Apple's Request for Injunction on Galaxy Tab 10.1; Lawsuits Help Sammy.

Source: PhoneArena and SlashGear

 

[leeshor]

Great news for ALL Android users. Keep the competition moving right along.

 

[J515OP]

Interesting stuff. You really have to wonder what Apple is getting out of this at this point. Doesn't sound like much. Particularly since Samsung is their business partner for hardware and that relationship is not ending anytime soon. If the primary goal is to protect their iPad image, then it sounds like a big back fire, leading more to a promotion of Samsung than a protection of their iPad design. I can understand Apple wanting to remove direct clones from the market (and they have plenty to do on that front Kirf And Iphone -- Engadget & Ipad And Kirf -- Engadget) but this fight with Samsung seems to be a stretch to make any real difference in protecting their product.

I am guessing to the average consumer all smart phones and tablets look the same anyway. They notice screen size difference and that is about it. Remove all branding and put all the tablets currently in existence into a room with John and Sally Public and they probably couldn't begin to tell you which device was made by which company.

 

[leeshor]

I am guessing to the average consumer all smart phones and tablets look the same anyway. They notice screen size difference and that is about it. Remove all branding and put all the tablets currently in existence into a room with John and Sally Public and they probably couldn't begin to tell you which device was made by which company.

I sometimes wonder. I'm asked a few times a week, "is that an iPad?" when what I use is a 10.1" ASUS Transformer Prime. There are a lot of people who think that really IS the only tablet.

 

[Frederuco]

Leeshor,

At least yours has a metal back. Mine has a brown back, and I am constantly asked if it is an iPad.

I have to say, No, it is an Android Tablet.

The response: Ohhh....

On the flip side, I will mention something about grabbing my Tablet to someone, and they see me grab it and are like, you mean your iPad? NO, IT IS NOT A STINKING iPAD!

I suppose Scott feels the same way that their product is referred to as Kleenex....

 

[J515OP]

I made an exception for size but in reality I get asked pretty frequently if my Nook Color is an iPad. So yes, that is really "is the only tablet" people know. Of course after I explain it is a Nook Color then "the only e-reader" people know comes out..."Oh, so its a Kindle."

Arghhh! Get me some Kleenex nondescript facial tissues, I think I'm going to cry.

 

[tazz3]

suck it up apple, also apple is worryed that this can be better then the ipad