A few weeks ago, Apple filed an action against Samsung in the US and asked the courts there to prohibit the sale of the Galaxy Tab 10.1 4G because it would infringe the Cupertino company's patents. Those from Samsung are fighting to keep their devices on the market and I argue that The Galaxy Tab 10.1 4G would not be a competitor of the iPad 2 3G because it uses 4G telecommunications technology. Basically, Samsung says that thanks to this difference in technology, the tablet would not compete directly with the iPad 2 3G and that it should remain on the market.
Samsung is fighting Apple's requests for a preliminary injunction against its Galaxy Tab with the argument that the 4G capability of its tablet means it does not directly compete with Apple's 3G-equipped iPad 2. Judge O'Malley indicated between the lines that she considers Samsung a reckless infringer whose Galaxy Tab 10.1 should be shut down sooner rather than later, and she clearly wants patent holders to have great access to injunctive relief.
Although Samsung is fighting hard to keep its tablet alive, Apple's lawyers say that the existence of compatibility with 4G networks is not relevant because the respective tablets work on 3G networks anyway, and the number of customers who use them only on the 4G network is small. One of the judges presiding over the case agrees with those from Apple and would have indirectly stated that Samsung should be denied the right to sell Galaxy Tab 4G tablets in the US.
We will find out if Apple will be successful in this case in a few weeks, but considering the apparently weak defense of Samsung, the chances of success seem high.
