Apple against the Galaxy: Appealing Lost Injunction Bid

By Dyanna Quizon, Esq. on December 15, 2011 | Last updated on March 21, 2019

Forget the world - Apple is taking on the Galaxy in its bid to block the sales of several of Samsung Electronics Co.’s products.

After losing its case for a preliminary injunction against four Samsung Galaxy devices, including its 4G smartphones and the Galaxy Tab 10.1 tablet computer, the mega-company is taking its case to the Federal Circuit Court of Appeals.

Apple filed its appeal six days after a federal judge in San Jose, Calif. ruled Apple didn’t show it would suffer irreparable harm to entitle it to injunctive relief, which she considered an “extraordinary remedy.”

"Indeed, given the evidence Samsung presented, it seems likely that a major beneficiary of an injunction would be other smartphone manufacturers," U.S. District Judge Lucy Koh wrote.

Some critics contend that Judge Koh set the bar too high for both preliminary and permanent injunctions, however, and it will be interesting to see if the Federal Circuit decides to overturn the denial of the preliminary injunction.

The suit is just one piece of a giant legal war being fought in 10 countries in at least 30 lawsuits between two of the most dominating providers of consumer electronics. The current battle began in April when Apple claimed that the Korean-based company's Galaxy products "slavishly" violated three of its design patents and one software patent. Apple is also appealing a ruling in Australia that ended a ban on Samsung's products.

Until the Federal Circuit weighs in, it looks like the four devices will remain on store shelves while the Goliath vs. Goliath battle continues in the courtroom.

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